Posts in category: Auto Accidents

What are your chances of getting hit by someone driving a rental car in Florida?

Every year, the state of Florida has 15 million active drivers on its many roads and highways. About 250,000 drivers end up in car crashes annually in Florida. Since almost 125 million visitors come to enjoy Florida every year, you may end up with injuries from a car accident with them.

What are most of these visitors driving?
Rental cars. In our state, they’re not just everywhere – they’re everywhere all year long.
That means your chances of being involved in a car crash with a rental car driver are far higher than in most other states.

Who will be held responsible if a rental car driver hits you? The answer depends on several different factors.

Factors Involved in Rental Car Accident Liability

• Rental companies require renters to carry insurance.
• Drivers should be covered under their personal auto insurance policies, but this isn’t always the case.
• Some drivers may opt to buy a collision-damage waiver through the rental company.
• In Florida, renters have $10,000 in secondary coverage through the rental company, which means it only comes into play after their personal auto insurance has been exhausted.
• The situation gets complicated because different states have different requirements for auto insurance. For example, many companies offer no-fault insurance, but some states don’t require it.
• Additionally, many insurance companies will still cover the insured if they are driving a rental vehicle, but not all of them.
• Because of these discrepancies, if you are injured in an accident, it’s essential to get the rental car driver’s personal insurance information.

These questions are important to consider:

• Who was driving the rental car at the time of the accident? Only certain drivers are covered by the rental agreement. Immediate family members are covered, but other drivers may not be covered, even if permission was granted by the renter.
• What kind of rental vehicle was being driven? Some vehicles do not have any coverage available, such as vans, pickup trucks, and U-hauls. Your claim may be denied with vehicles like these.
• Where was the rental driver headed? Certain insurance coverage only applies to particular areas. Check with the insurance company for details.

Auto Accident Liability Quirks Specific to Our State

In Florida, liability is determined by a comparative negligence system. Each person will be held liable for damages according to the portion of their fault.

For example, one driver may be held 70 percent at fault for speeding, while the second driver will be held 30 percent at fault for failing to signal. That means the first driver would be ordered to pay 70 percent of the second driver’s damages, and the second driver would be required to pay 30 percent of the first driver’s damages.

When the renter allows someone other than an immediate family member to drive the rental vehicle, complicated problems can arise. In one case, the renter had given permission to a non-family member to drive the car, and that person allowed another unauthorized person to drive the vehicle.

One person died and two others were seriously injured in a crash caused by the third driver. After a lengthy legal process, the Florida Supreme Court said that the original renter’s insurance company was responsible.

If you are injured by a rental car driver, waste no time in contacting an experienced Florida car accident attorney familiar with collision cases like yours. They will help you learn who is liable for the damages and help you receive the highest possible compensation for your injuries. Schedule your free initial consultation today.

Roadway safety and Auto Accidents have worsened nationwide during the COVID-19 pandemic and shows no signs of improvement.

Recently, the National Highway Traffic Safety Administration (NHTSA) issued a new report that details 31,720 people were killed on U.S. roadways in the first nine months of 2021, a record 12% increase from the same period last year.

from the NHTSA:
NHTSA projects that an estimated 31,720 people died in motor vehicle traffic crashes from January through September 2021, an increase of approximately 12% from the 28,325 fatalities projected for the first nine months of 2020. The projection is the highest number of fatalities during the first nine months of any year since 2006 and the highest percentage increase during the first nine months in the Fatality Analysis Reporting System’s history.

 

Also in the report, Florida saw 304 fatalities, 169 were pedestrians and 45 were bicyclists. The number of hit-and-run accidents in 2021 went up by 17% compared to 2020.Auto accident rates are already bad, but they are likely to get even worse during the summer months. Auto accidents are also the leading cause of personal injury in the United States and the second leading cause of unintentional injury-related death.

With these new statistics from the NHTSA, it indicates that your odds of being involved in a motor vehicle accident one day are pretty good.

Of course, you can only control your own actions. If you are injured in an auto accident due to another’s negligence reach out to a Florida personal injury lawyer and make sure you get the compensation you deserve.

If you are ever hurt in an auto accident, the attorneys at the South Florida Injury Law Firm are ready to discuss your incident and determine whether you have a valid accident claim.

Car accidents are serious matters, both medically and legally. The South Florida Injury Law Firm includes experienced and driven attorneys with the litigation skills you need to obtain the highest compensation possible in your injury verdict or settlement.

As we inch closer to life as it was before this pandemic, demonstrated by the increased swarms of cars that we’re all seeing return to the streets of South Florida, so are the rise of car accidents.

Just this month, two people in Hollywood were killed after their car was split in half after it smashed into a tree and busted through a fence. In Wilton Manors, 2 children were killed and 4 injured in a hit and run crash and a fatal crash on I-95 at Glades Road, near the campus of Florida Atlantic University also shutdown the interstate for hours.

There’s not just one reason to point to that explains why there has been such a huge increase in fatal car accidents. Neither is there a one-size-fits-all solution to stop them. What we can do is use, teach, and encourage safe driving practices. One way to do this is to hold responsible parties accountable if you are in an accident – especially if you lose someone.

How do you know whether or not you should hire an attorney to help you deal with your auto injury?

When Car Crash Injury Victims Should Contact an Attorney

You Don’t Know Your Rights.

Lawyers can be extremely helpful if you want to learn more about your rights and what is ahead after a car accident. Laws are always changing, and this may be your first time entering the world of personal injury law as it relates to car accidents.

Insurance companies may incorrectly try to tell you that you don’t have the right to do something in order to lower their payout to you. Reviewing your rights and your options after a car accident is the number one way to get the best outcome.

If you are new to Florida, or you are not familiar with Florida’s policies and procedures, it is especially important to talk to a lawyer who, has experience in the Sunshine State. Each state has different laws and policies regarding insurance, fault, and negligence claims, and ours vary more than most.

You Need to Negotiate with Your Insurance Provider.

Damages from an auto accident can’t always be calculated with a few receipts: an auto accident can cause financial damages in the form of lost work, loss of transportation, and so on. Your insurance provider can therefore negotiate these damages.

Haggling for the compensation you deserve can be extremely stressful and confusing, especially if this is your first time filing a claim of this sort. From writing a demand letter to finalizing your settlement, a lawyer can represent you, negotiate for you, and help get you the best settlement.

If you get involved with another driver’s insurance company, or if your insurance provider gets a lawyer involved, get on the phone with your lawyer immediately.

Filing a “Bad Faith” Insurance Claim.

Even after you negotiate with your insurance provider, they may deny your claim, leaving you with car repairs and hospital bills to pay.

An insurance company may deny you because you failed to make certain deadlines or applied for payments that are not covered under your plan. However, if they unlawfully deny you, it may be necessary to file a “bad faith” insurance claim. A lawyer can lead you through the process of negotiating a bad faith claim and fighting for the compensation that you deserve after an accident.

Damages Aren’t Fully Covered By PIP.

After many smaller, less serious car accidents, insurance will cover most of the damages and everyone can move on. Unfortunately, if your damages exceed $10,000, PIP will not cover them. Other types of coverage can step in to ease the blow, but if there is no additional insurance or if your damages go beyond even that, you may have to take the other driver to court.

This only works if your injuries are truly serious and you believe you can prove that the other driver’s negligence caused the crash. If you are able to do this, a lawsuit can help to get you the compensation you need and deserve.

Be prepared for blame to be cast in your direction as well, though. To defend their actions, the defendant is likely to try to argue that you are at least partially at fault for what happened. Even if they succeed, though, it doesn’t mean that you won’t be compensated.

Florida’s comparative negligence laws mean that it is possible to assign a percentage of blame to each driver and base compensation accordingly. So if you sue the other driver for $20,000 and win, but you are found to be 25% at fault, you will only get $15,000.

The best way to get needed compensation is to find a lawyer who has experience dealing with these types of lawsuits. They will know how to collect the right evidence and make the most effective arguments to help you win your claim.

If you were involved in a car crash over the holiday season, chances are good that negligence probably played a big role.

Even with the pandemic, there were over 341,000 auto accidents in the state of Florida. Since a good share of those accidents occur over the Christmas and New Year holidays, we’re going to cover the most common reasons for negligent driving during the holidays and we’ll discuss whether you may have grounds for an auto accident lawsuit.

Distracted Driving

Drivers are distracted all year round, but at the holidays, everyone is so busy that distracted driving is a big problem. Some drivers are distracted due to shopping, and others are visually distracted by light displays. The top reason drivers are distracted is because they are using their mobile devices while driving.

Drivers may also be distracted by eating, conversations, personal grooming, makeup application, or even reading. Any of these activities are dangerous because they take the driver’s focus away from the road. If the other driver in your accident was distracted, negligence will be a factor in your case.

Fatigued Driving

The holidays can involve staying up late for parties or long hours of travel. A fatigued driver can be just as dangerous as a drunk driver in an accident. Fatigued drivers are not as alert and can cause many types of accidents. If fatigue affected the other driver in your accident, he or she may be held liable for damages.

Drunk or Drugged Driving

Drinking and drug use spikes over the holidays. Some people use substances to deal with stress. Others don’t drink often, but they do drink socially during the holidays. If those people get behind the wheel while intoxicated, they can cause serious accidents. Alcohol or drugs may have played a role in your accident too.

Navigation Problems

Drivers who are navigating new areas may drive too slowly, make sudden stops, or change lanes without proper signals. An elderly driver who is not usually on the road can also have navigation problems. These driver errors can contribute to accidents, and they may have been a reason for the accident you endured.

Reckless Driving

Drivers who are experiencing holiday stress or fatigue may engage in reckless or aggressive driving. This is a clear case of negligence, and if it caused your accident, be sure to tell your attorney about it.

Speeding

Many of us make this mistake on a regular basis. Unfortunately, it contributes to numerous holiday accidents. Speeding may have been a factor in your accident, and if the other driver was speeding, you can take them to court for damages.

Tailgating

With so many drivers on the road and in a hurry during the holidays, tailgating accidents are all too common. They can cause injury even at low speeds. If you were rear ended in a holiday accident, talk to an attorney about receiving compensation for your injuries.

What to Do Now

If you believe one or more of these descriptions fits your accident, it’s essential for you to take immediate action to protect your rights. Here are three actions to take right away.

See a doctor

A medical report is the strongest evidence you can use to recover damages from an insurance company or from a civil lawsuit. Even if you feel fine right after an accident, some injuries show up weeks or even months later. See a doctor as soon as you can to get the record filed.

File an insurance claim

Don’t wait to report the accident to your insurance company. Florida has no-fault insurance laws, which mean that negligence on the part of the other driver will not play a part in the compensation you get from your insurance company – up to the $10,000 covered by PIP.

However, you must get a medical examination within 14 days of the accident to be able to file a claim and get covered for medical care.

Seek legal counsel

If you are sure that the other driver is at fault for the accident, it’s crucial to contact an experienced personal injury lawyer to protect your rights. The sooner you work with a skilled attorney, the better your chances of recovering the financial compensation you need.

Call us for a free case review. We represent many clients every year who have been victims in car crashes due to another driver’s negligence. We know how to hold drivers accountable for damages, and we can help.

Recently 3 people were killed after a Range Rover had collided into a car on Sunset Drive in Miami. 

The crash occurred just before 6 a.m. at the intersection of Sunset Drive and Southwest 92nd Avenue.

Now, on its face,  the sounds pretty cut-and-dry. After all, it’s certainly not unheard of for inexperienced drivers to get into accidents – or to not be able to control their vehicles.

Moreover, most single driver accidents are caused by the person driving the vehicle in question. Perhaps they made a driving mistake. Or crashed due to distracted driving. Maybe they were drinking.

Because of these things, it’s easy to simply assume that the driver is the one to blame for the crash – but what if they weren’t?

In Florida, if you are involved in a one-vehicle accident, it is not automatically your fault in every circumstance. Sometimes it may be due to another’s negligence, and if this is the case, you may be able to recover damages from them. Today we’ll explain the ways a single car crash may not be your fault and how you can get help if you have been injured.

Unpreventable Situations

Sometimes situations occur that you have no control over but cause an accident anyway. These are the types of situations that may have caused your auto accident.

• You may react to a cyclist who swerves into your lane or suddenly passes you by veering onto the shoulder, which causes you to crash into the guardrail.
• You might be forced to hit a building to avoid hitting a pedestrian who jumps out in front of you.
• You might crash into a road sign if a person unexpectedly opens the door of their parked car.
• You may unintentionally run off the road and damage a fence if another driver tosses litter onto the highway and it lands on your windshield.
• You may swerve to avoid a blown-out tire from a tractor trailer and cause damage to a highway overpass support.
• You may run into a tree if you suddenly react to rocks hitting your windshield from a dump truck in front of you.
• You may have a single auto accident if a deer, dog, cat, squirrel, hawk, or any other animal enters your driving path.

In many of these cases, another person or entity may be held responsible due to negligence.

For example, a truck hauling gravel may be held liable for not properly securing its load. A tractor trailer truck company with a tire blowout may be liable for lack of proper safety inspections. A cyclist or pedestrian who was not obeying traffic laws may be held accountable for negligence.

It all depends on your situation and the knowledge of a skilled Florida criminal attorney who can advise you on your case.

Road Problems

The government is responsible for maintaining safe roads. If you have a single auto accident due to poor road design, a malfunctioning stoplight, a missing road sign, or a pothole, you may be able to file a lawsuit against the government entity with jurisdiction over the area.

These types of lawsuits are extremely particular and have special restrictions, though, so it’s essential that you work with a knowledgeable attorney on any government entity case.

Additionally, if the road problem was caused by an oil spill from a leaking or overturned truck, you may have grounds to sue the trucking company for negligence. Again, you will need the expertise of an experienced auto accident lawyer to seek damages in this case.

Manufacturing Defects

It’s possible that your accident occurred due to a defect or malfunction in your vehicle. It may have occurred during the vehicle’s manufacture, such as a bad computer chip. It may also be a defect in a part added to your vehicle, such as a new battery, tires, or brake pads.

If your attorney can prove that the vehicle or product manufacturer was negligent, you may have grounds for a product liability lawsuit. These types of cases can be highly complex, and it’s essential for you to work with an attorney who has proven success in these types of cases.

Get Legal Help for Your Auto Accident

Don’t assume responsibility for damages that resulted from your auto accident until you speak to a lawyer. Your attorney will know if the other party can be held responsible for negligence, and they may need to pay for your injuries and damages.

Call for a free case review today. We’ll help you understand how the laws apply to your specific case.