Miami Rear-End Collision Lawyer
Rear-end collisions are as frequent as they are surprising to the victim. With over 16.5 million registered drivers and over 16.6 million registered vehicles in Florida, it is no wonder that the state witnessed almost 400,000 crashes in 2016, according to statistics provided by the Florida Department of Highway Safety and Motor Vehicles. Furthermore, almost half of all statewide crashes occurred in urban areas, highlighting the fact that vehicle density plays a role in the accident rate seen on the road.
Regardless of the nature or location of your accident, we can help. We have helped victims of rear-end crashes who were struck from behind on rural roadways, at busy city intersections, in school zones, during inclement weather and low visibility, and because of improper road signage. Call us to tell us more about your accident and we will pair you with the legal professional most experienced in your type of case to handle your claim for you.
Injuries and Damages Commonly Seen in Rear-End Crashes
Due to their nature, rear-end collisions commonly result in:
- Whiplash, as defined by the University of Florida’s Health Department
- Arm fractures
- Broken legs
- Soft tissue damage
- Spinal cord damage
- Brain injuries
In addition to these physical injuries, you will likely suffer a wide range of other damages and losses, including all of the following:
- Property damage
- Repair costs for your car as well as the cost of towing your damaged vehicle and the cost of a rental
- Time spent away from work
- Lower capacity to earn in the future
- Medical care expenses
- The costs of assistive devices such as neck braces or collars, splints, or walking aids
- The costs of medicine, doctor’s appointments, and transportation to and from healthcare facilities
Negligence and Fault in a Rear-End Crash
The rule of thumb for auto accidents is that the driver of the vehicle that struck the other vehicle from behind is responsible for the accident. However, the case can become complicated if there are other relevant facts to the case that can sway a judge, jury, or insurance adjuster overseeing your claim.
For example, what if the car in front suddenly applied the brakes? What if they suddenly stopped for no particular reason, or stopped where they were not meant to stop?
According to statute 627.736 of the Florida Legislature, since Florida is a no-fault state, you must seek damages from your own insurance provider instead of seeking damages from the at-fault motorist’s insurance provider, which is what happens in at-fault states. Drivers are also required to carry $10,000 PIP (Personal Injury Protection) with a deductible of $1,000, which is the baseline requirement for all Florida drivers. By law, your PIP coverage can only be used to cover 80% of your medical bills, as well as 60% of damages that you suffer in the form of lost wages.
The lesson here is that, although the driver that struck you from behind is responsible for the crash, you have to seek damages from your own insurer. Doing this will involve the following:
- Meeting representatives of your insurance provider
- Providing them with evidence of the crash
- Obtaining the official police report of the crash
- Getting a repair estimate (sometimes two) from local, reliable, and reputable repair shops
- Providing evidence of medical care costs, the extent of your injuries, and a doctor’s diagnosis and prognosis (for calculating future lost earnings and care costs, if applicable)
Exceptions to the Rule
There are exceptions to the rules outlined above. If you suffer any of the following (all of which are defined as permanent injuries under Florida law), you may seek damages directly from the at-fault motorist who struck you from behind:
- Permanent loss of an important body function
- An injury that is deemed permanent within a certain degree of probability
- Scarring or disfigurement
In these cases, you can sue the at-fault motorist for damages above and take the rear-end collision case you were made to suffer all the way to court, if needed, to win the damages you are owed by the negligent party responsible. In addition to damages for permanent injuries, we will seek punitive damages, if applicable, to punish a willfully negligent or reckless driver that stuck you from behind and caused you substantial property damage or personal injury.
We Are Just a Call Away
Protect yourself from the financial losses associated with rear-end crashes by filing a claim today. From evidence collection and meeting important deadlines to handling negotiations with your insurance provider and finding the medical help you need to get your life back on track, we are your local legal experts and will take on your case on a contingency basis with no up-front fees and no obligations. Call now at 305-853-9171 to get started.