Vehicle Accident

Vehicle Accident – An Overview

Vehicle accident cases are by far the most common type of personal injury cases in our civil court system today. The law of negligence governs the general scope of auto accident cases except in States like Florida where “No Fault” legislation has passed.

Unlike other states where negligence law is the only remedy available to injured parties to receive medical benefits for their injuries, Florida No Fault (also known as PIP) allows injured parties in certain situations to seek immediate medical attention after an accident without the need of paying large up front out of pocket expenses, health insurance or waiting long periods of time for the negligent party’s insurance carrier to investigate, confirm coverage, accept liability and pay your medical bills or waiting years for your case to wind through the courts to obtain medical treatment for their injuries which is a common problem in negligent only states.

So in Florida, regardless who is at fault in your vehicle accident case, you can rest assured that you can seek immediate medical attention without the worry of long time delays and large medical bills, as long as you qualify. In addition to medical benefits, you may eligible to received just compensation for your pain and suffering.

Ask A Lawyer

If you are involved in a vehicle accident in Florida whether it be a car, truck, motorcycle, bicycle, or as a pedestrian, you need to seek legal counsel from a  injury attorney who understands and is experienced in vehicle accident cases in order to best protect your rights and interests. Call 954-961-5100 in Broward or 1-877-961-5100 any where in Florida.

Fault

Figuring out fault in a motor vehicle accident is a much more difficult task that one initially imagines. In many instances, your instincts tell you that a driver, cyclist or pedestrian acted wrongfully, but not whether he/she acted negligently. Fault analysis requires an understanding of the law of negligence and the various facts of any one particular accident. Fault issues are complicated, and an experienced accident attorney looks to a number of sources, such as police reports, property damages, environmental factors, state laws, city ordinances and witnesses, to help determine who was at fault in your accident.

Among the factors considered in determining whether a driver is
negligent include, but are not limited to, the following:

  1. Texting, talking on the phone or eating while driving
  2. Driving under the influence of drugs or alcohol
  3. Failing to properly maintain your automobile
  4. Disobeying common traffic signs or signals such as stop signs and red lights
  5. Failing to yield to oncoming traffic
  6. Driving above or below the posted speed limit
  7. Failing to signal while turning
  8. Points of impact on the motor vehicles
  9. Disregarding weather or traffic conditions
Causes of Vehicle Accidents

Common Causes of Auto accidents:

  • Distracted drivers
  • Age, inexperience, or slow reflexes
  • Failing to adhere to traffic rules and signals
  • Under the influence of drugs or alcohol
  • Failure to properly maintain their automobile
  • Defect in road design
  • Manufacturer product defects

A growing problem causing a rise in auto accidents are drivers’ behavior behind the wheel or what is often referred to as “Road Rage”. Road Rage involves drivers who act intentionally or recklessly.   A reckless driver is one who drives with “willful and wanton disregard” for the safety of others with the probability that such driving may cause an accident.  A driver who drives in a threatening or harassing manner out of “Road Rage” and causes an accident may be found personally liable for the damages he or she cause and is subject to criminal charges, as well.

“Road Rage” is defined- an assault with a motor vehicle or other dangerous weapon by the operator or passenger on another motor vehicle, or an assault precipitated by an incident that occurred on a roadway.” Among the characteristics associated with “Road Rage “are drivers who:

  • Speed (exceeding the posted limit or driving too fast for conditions)
  • Tailgate
  • Zip from lane to lane (improper or excessive lane changing)
  • Improper passing-failing to signal intent
  • Using emergency lane or shoulder to pass
  • Flash headlights in frustration

If you are confronted by an aggressive driver, the National Highway Traffic Safety Administration recommends that you take the following actions:

  1. Get out of the way. Do not challenge the aggressive driver by speeding up or attempting to hold-your-own in your travel lane.
  2. Avoid eye contact.
  3. Avoid, ignore and refuse to return any kind of gestures.
  4. Report serious aggressive driving to the police.
Avoiding an Accident

The best way of avoiding an accident is by being alert of your surroundings while driving, do not get behind of the wheel of your vehicle if you are under the influence of alcohol or drugs (legal or illegal), watch your speed, use your signals, avoid distractions and properly maintain your automobile.

  • Stay Alert means understanding your surroundings including the current weather conditions, keeping a safe distance between your car and the car in front of you, as well as, the car behind you, anticipate possible problems on the road way including debris and careless drivers and get out of another driver’s blind spot
  • Avoid Alcohol or drug use which impairs your driving ability and subjects you to both civil and criminal liability
  • Your Speed should be adjusted to your surrounding including others vehicles on the road and weather conditions
  • Signals alerts other drivers of your intentions in advance so they avoid crashing into you
  • Avoid distractions including texting, phone calls and eating while driving
  • Proper Maintenance is essential in avoiding any accident
Drunk Driving

Every 51 minutes, someone dies in an alcohol-related crash. Last year alone, over 10,000 people died and 350,000 were injured in alcohol-related traffic crashes. Alcohol-impaired vehicle crashes cost more than an estimated $37 billion annually. Each case impacts not only the victim in the car crash, but family, friends, classmates, coworkers and society as a whole.

Florida experienced 794 deaths and 12,168 injuries related to alcohol use in 2010. In Florida, not only are drunk drivers liable for injuries caused by their actions to victims and their families but social host and servers of various business establishments including  bars and restaurants, as well as, private party hosts may also be liable for injuries caused by drunk drivers.

An experienced personal injury attorney is aware of the laws governing legal responsibility and can assist you and your family to identify responsible parties for your injuries. 

Accidents that are Not Caused by the Drivers Involved

Drivers are not the only parties who may be held legally liable in a vehicle accident. Manufacturers, repair shops, private contractors and government entities are some additional parties who may be held responsible to the victim and their families for injuries arising from an accident.

Automobile manufacturers are liable to an injured party and their family if its product is found to be defective due to either design, manufacturing or labeling of the product.

A repair shop may be held liable for injuries due to their employees’ failure to properly repair a vehicle and the failure causes an accident under the theory of negligence.

Private contractors and government entities may be held liable for as poorly maintained roads and malfunctioning traffic control signals can contribute to cause an accident. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents.

Knowledgeable and competent accident attorneys are critical to preserving and winning such claims.

Conclusion

In all cases, it is essential that accident victims and their families take prompt measures to preserve evidence and have physicians or other experts thoroughly evaluate any injuries. If you are a victim of a recent vehicle accident, do not hesitate to call a member of our Legal Defense Team who are skilled and experienced in motor vehicle accident cases to assess your situation and determine the best methods for you to become whole again and obtain any compensation available for the injuries and damages you suffered. In Broward call 954-961-5100 or any where in Florida call 1-877-961-5100.

car Vehicle Accident

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