Posts tagged: auto accident

Memorial Day offers a  time to celebrate loved ones lost. It also signals the beginning of another Florida summer which often means road trip! In either case, we all find a reason and a way to cut loose.

Unfortunately, these celebrations also lead to an uptick in car accidents.

The primary causes? More cars on the road plus the sheer increase in motorists choosing to drive drunk – a dangerous, even deadly, combination.

In today’s post we share the hard numbers on Memorial Day car crashes, and offer some insight into car accident liability in this state.

Florida Memorial Day Crashes: The Hard Numbers

If you were injured in a Memorial Day car crash, you’re far from alone. In fact, Americans are four times more likely to die on the road on Memorial Day weekend than any other regular weekend.

Nearly 43 million Americans travel during this time, and every year over 300 fatal accidents occur. Many thousands more serious injuries occur, which can be permanently debilitating.

Florida’s waterways invite abundant Memorial Day festivities, so the state is actually one of the most dangerous places to be on the road over the holiday weekend.

Florida Car Accident Laws

Being involved in a Memorial Day car accident can leave you facing major financial concerns such as costly car repairs, medical bills and lost wages. This can place a major financial burden on your entire family.

When the crash isn’t your fault, you have the right to seek damages for your injuries. This holds the responsible party accountable for their negligent actions, which can also bring you some sense of closure.

However, if you plan on filing a claim, it’s important to take action as soon as possible. There are four key elements you should understand about Florida car accident liability – including the statute of limitations – which we cover below:

Reporting a Florida Car Accident

If you’re involved in a Florida car accident and the crash resulted in serious injury, death or over $500 worth of damages to the vehicles, the accident must be reported to the local police department.

This report should be made immediately following the accident, as it will be an important piece of evidence later in determining fault.

Florida’s No-Fault Car Insurance Laws

Florida has a no-fault car insurance scheme. This means that injured drivers and passengers first turn to their own personal-injury protection car insurance to get compensation for medical bills, lost income and other expenses, regardless of who was at fault.

A claim against the responsible party is only possible if the victim sustained a serious injury. This includes significant disfigurement, broken bones, permanent limitation of a bodily organ or limb, or full disability for at least 90 days.

Statute of Limitations

You will have four years from the date of your crash to file suit for damages. Cases filed after this statute of limitations will probably be dismissed.

Professionals recommend filing suit much sooner, though, as the seriousness of your injuries may fall under question when you wait several years to file suit.

Comparative Negligence

In the majority of car accidents, both drivers are at some degree of fault. When a serious injury has been sustained, Florida follows a “pure comparative fault” rule.

This means a jury is asked to calculate both the percentage of fault that belongs to each party, and the monetary value of the damages sustained by the plaintiff. The plaintiff’s damages are then reduced by the percent equal to their fault.

Seeking damages for a Florida car crash is an often-complex undertaking, but may be necessary to help you recover from your injuries and get your life back on track.

Knowing what to do after a car crash and seeking out the advice of an attorney if necessary can help get you the compensation you deserve.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Just under a year ago, a Florida mother and her two toddlers suffered a fatal auto collision with an alligator in South Carolina. According to police, they struck the animal and skidded off the road, smashing into a tree. The vehicle burst into flames upon impact, killing all three.

Unfortunately, if you live in Florida — or anywhere along the Gulf of Mexico — this probably isn’t the first story you’ve heard about an auto accident involving one of these larger-than-life reptiles. In fact, the USDA reports about a billion dollars annually in collision damage due to alligators and other wildlife.

If you have recently experience this kind of accident, and aren’t sure what happens next, an experienced Florida auto claims attorney can help. In the meantime, we’ll share how to avoid animal-vehicle collisions, reduce impact when you can’t, and what happens afterwards if the accident was unavoidable.

Avoiding a Wildlife Accident in Florida

Three common-sense concepts are the most likely way to get you where you need to be without colliding with part of the animal kingdom:

1. Drive Undistracted. We can probably all agree that you can’t avoid what you don’t see. With technology at our fingertips — some of which is specifically designed to make our driving experiences more enjoyable — accidents due to distracted driving have risen drastically over the past several years. Even if you think you’re alone on the open road – just you, your GPS app, and your playlist – know that you’re not. The primary way you can help yourself avoid a wild animal collision is to keep your eyes on the road.
2. Know Your Roads. Understanding what wildlife populates your areas, during which seasons, and their basic life habits will help when navigating various landscapes on your regular routes — particularly over hills and at crossing points. Additionally, you should use auto safety features like adaptive headlights to see better. Wild animals are generally most active at dusk and dawn, so you want to be on heightened alert during those hours. Finally, living where alligators are abundant means learning to keep your eyes lower than someone watching for, say, deer.

• 3.)   Keep to Posted Speeds. You may not be aware, but roadway engineers consider every aspect of the environment when developing recommendations for speeds. They look at physics and velocity around curves, distances of straight-aways before drivers become drowsy — everything. Sometimes those low speeds are in place to allow you enough time to brake for local wildlife. 

When you do have to stop suddenly, quickly tap your brakes several times to signal drivers behind, lay on your horn to frighten the animal, and then simply brake – do not swerve. You may be able to stop short of an accident, and swerving often leads to greater damage than the actual impact.

Otherwise, braking in the way described will at minimum reduce animal-vehicle impact and associated damage. From there, a few key steps will ensure swift and proper processing of your auto accident claim.  

After an Animal-Vehicle Collision Occurs in Florida

Your comprehensive coverage insurance plan protects your vehicle against physical damage from a car crash not caused by a stationary object or another vehicle. That includes wildlife-vehicle collisions as long as your claim meets a few standard requirements.

Generally speaking, you should take these steps:

1. First make sure that you and any other people involved are okay. If there are serious injuries, reach out to emergency services immediately.
2. If possible, pull over and do what it takes to make yourself and the scene visible: put on your hazards, and light a couple of flairs if you’ve got them.
3. Next, call the police to report the accident. Although there is no law in Florida against leaving the scene of an animal-related accident, staying until authorities arrive to let them know whether the animal is alive (in which case they can safely put it down) is the humane thing to do.
4. Last, if you’re able, take photos. Document the scene, the animal, the damage to your vehicle, and any visible injuries sustained by yourself or any passengers.

Nearly all animal car accidents are handled the same by car insurance carriers. Knowing what damage to look for and how to handle an animal damage claim can save time and money.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.