Car accidents can cause devastating emotional and financial damages. It is, therefore, important for drivers, passengers, and pedestrians to understand their obligations when using the roads. Victims of Miami car accidents are entitled to monetary compensation for the damages.
The Florida car accident laws regulate the legal claims a car accident victim may file. This article will help you understand the car accident laws and how an attorney can help you file an accident claim.
What is a Car Accident Law?
Car accident law entails the legal rules and regulations that determine who is at fault for damages resulting from a traffic accident. These laws are governed by state law and vary from state to state. Car accident laws are aimed to protect victims while holding the negligent party accountable.
The principles of negligence apply to car accident law. These principles include:
- Duty: Road users have the obligations to obey traffic rules. Victims should be able to prove that the defendant owed them a duty of care.
- Breach: The plaintiff must demonstrate that the defendant violated traffic laws. Evidence of the breach can include eyewitnesses, admissions of fault, and surveillance cameras.
- Causation: It should be proven that the defendant’s negligence caused harm to the victim. Medical examinations can be used to show causation.
- Proximate cause: The closest cause of the accident should be established. The plaintiff must demonstrate that the defendant’s actions were directly related to the damages.
- Harm: Plaintiffs should show evidence of damages incurred. If there is no evidence of harm, the case may be dismissed.
Miami, Florida Car Accident Laws
Miami car accident laws ensure that accident victims are fairly compensated for damages incurred from negligent acts. The party at fault for a car accident is liable for the expenses of resulting losses. In Miami, fault is determined based on the driver’s negligence. Here are the car accident laws in Miami, Florida.
Comparative Fault
Pure comparative fault is a law that allows victims to get compensation for damages if they are partly responsible for the accident. If more than one party is found to be at fault for an accident, this law applies. Victims are reimbursed in proportion to the extent of their losses.
Apportionment of Fault
Apportionment of fault is a law applied when more than one party is responsible for an accident. The parties responsible for the accident share financial responsibility for the damages based on their level of fault. Victims whose actions contributed to the accident have their compensation reduced.
What Damages are Available to Miami Car Accident Victims?
Victims of Miami road accidents are entitled to economic and non-economic damages. Economic damages include medical bills, lost wages, property loss, and property repair costs. Non-economic damages, on the other hand, include emotional distress, pain and suffering, loss of consortium, and inconvenience.
What to Do After an Accident
When involved in a car accident in Miami, you should proceed with caution to protect your rights. Avoid taking actions that may diminish the value of your case. Here is a list of things you can do to help you get the compensation you deserve.
Seek Medical Attention
Treating your injuries should be the first step you take after a car accident. Do not assume seeking medical attention even if the injuries are not visible. Furthermore, medical reports can be used as proof of harm.
Gather Evidence Before Leaving the scene
If possible, you should take photographs of the scene and gather much evidence as you can. Recording a video of the accident scene can help you gather much evidence. Also, note the contact details of witnesses.
Report to the Authorities
Reporting to relevant authorities will help you record the events of the accident. The authorities will provide you with official documents essential for proving your case. Besides, authorities will ensure your safety at the accident scene.
Do Not Admit Fault
It is advisable to remain silent after a car accident. Refrain from admitting responsibility for the accident. Admitting fault or apologies may be used against you.
Seek Legal Assistance
Consult a car accident attorney to advise you on your options. An attorney familiar with car accident laws can help you build a strong case. Read on to understand the importance of consulting a car accident attorney.
Why Hire a Car Accident Lawyer?
Getting the deserved compensation after a car accident in Miami can be very challenging. The legal process is complex and can be stressful. Hiring a car accident attorney can help you navigate the legal process and get compensated faster.
Lawyers are essential if you want to build a strong case. A car accident attorney can assist you in gathering critical evidence to prove your case. Lawyers will ensure that the proper procedure is followed.
Besides, an experienced attorney will ensure your rights are protected. The attorney will help you make decisions that protect your interests. Without an attorney, you might unknowingly agree to an unfair compensation.
What to Consider When Hiring a Car Accident Attorney
Attorneys have different qualities and qualifications. When hiring an attorney for a car accident case, you have to ensure you choose one that will help you get fair compensation. Here are factors to consider.
- Experience: Find an experienced lawyer who focuses on car accident cases. An experienced lawyer is familiar will all the legal process and can help you negotiate fair compensation.
- Reputation: Reputation is an indication of the lawyer’s abilities. A good reputation shows that the lawyer has helped accident victims recover damages in the past.
- Location: For Miami car accidents, it is advisable to choose a lawyer situated in Miami, Florida. A local-based attorney has a better understanding of Miami car accident laws.
Hire a Car Accident Attorney Today
Hiring an expert accident attorney is the first step toward getting the compensation you deserve. Miami Auto Accident Attorneys are award-winning lawyers with the skills and understanding to assist you in reaching a settlement. Our dedicated team of personal injury attorneys is ready to assist you in your time of need. Ensure you contact us today to learn more about our services.
FAQs
What is the cost of hiring a Miami car accident attorney?
Car accident attorneys in Miami, Florida work on a contingency basis. That is, payment is made only if the case is successful, and the contingency fee is a percentage of the settlement.
How long does it to settle a car accident case?
The settlement of a car accident case depends on the severity of the case. Consult with a personal injury attorney to help you understand what to expect.
How long can I take before filing a car accident claim?
You have upto 4 years to file a car accident claim in Florida. It is, however, advisable to file the claim as soon as possible.