Car accidents in Hialeah are common but can cause victims significant physical and financial damage. Thankfully, victims can recover compensation for their injuries.
Victims can be injured in a car accident in several ways but usually have a few options to recover damages. Your own car insurance will be the first option to pay down your financial losses. However, coverage is limited to a certain percentage of your damages, so it might be necessary to file a third-party claim against the other driver’s insurance or file a lawsuit.
If you were injured in a car accident, seek support from our experienced Hialeah personal injury attorneys by calling The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A.at (954) 568-3636 for a free assessment of your case.
Common Causes of Car Accidents in Hialeah, FL
Negligent drivers cause car accidents in many ways, but a few causes commonly result in lawsuits in Hialeah. How your injuries were caused will play an important role in the legal strategies used in your case and the types of damages you can claim as compensation. Our experienced personal injury attorneys can help you with your claim no matter how your injuries were caused.
Distracted Driving
Distracted driving is a leading cause of car accidents in Hialeah. Drivers can become distracted in a number of ways. For instance, texting while driving has become a widespread problem and routinely results in accidents. Drivers can also be distracted by things like the radio, their GPs, or eating and drinking while driving. Distracted drivers will often be responsible for rear-end and side-impact collisions.
Speeding
Traveling at high speeds has been and likely will remain a major cause of Hialeah car accidents. The faster a car moves, the more difficult it can be for the driver to control, giving them less time to react to their surroundings. The injuries caused by speeding drivers can be devastating, with some causing the wrongful death of a loved one. If a speeding driver has injured you, our personal injury lawyers can help you hold them accountable for their negligence.
Traffic Violations
Another common reason for car accidents in Hialeah is traffic violations, like running red lights and stop signs. Accidents from running traffic signals can result in catastrophic injuries, as many involve head-on and T-bone collisions. In most cases, the driver that committed the violation will be cited by the police, which can help prove liability later in your case.
Driving Under the Influence of Alcohol or Narcotics
Drivers that cause injuries by driving while intoxicated will usually be charged for the crime but can also be held liable in a civil lawsuit. Drunk drivers will have impaired and delayed motor skills, making it more difficult for them to react. Alcohol will also impair the driver’s decision-making abilities, further increasing the chances of a devasting accident occurring. For lawsuits involving drunk driving, it might be possible to pursue additional damages intended to punish the defendant for their conduct. Our personal injury lawyers can help you get the justice you deserve if a drunk driver injures you.
Getting Compensation for a Car Accident in Hialeah, FL
There are several steps to recovering compensation for injuries sustained in a Hialeah car accident. Your first option will be to file a claim with your own car insurance, followed by filing a claim against the other driver’s insurance if you have remaining damages. While there are some restrictions, you might also be able to file a lawsuit to recover the damages you incurred.
No-Fault PIP Insurance Claims
Florida requires all drivers to carry what is known as personal injury protection (PIP) insurance to cover their injuries and their passengers in the event of an accident. The other common name for this insurance system is “no-fault” insurance. No-fault insurance is intended to cover a certain portion of your medical expenses and lost wages caused by your accident.
The “no-fault” part refers to the fact that you can recover compensation from your PIP benefits regardless of who caused the accident. Even if you were completely at fault, you would still be compensated by your car insurance.
However, no-fault insurance will not cover all of the expenses associated with your injuries. Most no-fault policies are limited to $10,000 and are designed to cover only 80% of your medical expenses and 60% of your lost wages. If your injuries are serious, this will likely not be enough to compensate you fully. This means you will need to turn to another source to recover additional damages.
To get the remainder of your damages paid, you can file a claim against the other driver’s liability insurance or you can file a lawsuit. Additional damages for pain and suffering might also be available in a lawsuit if you have certain types of serious injuries discussed below.
Lawsuits
Many car accident victims experience pain and emotional suffering in addition to their physical injuries. Unfortunately, no-fault insurance does not compensate for these non-economic damages but can be awarded in a lawsuit. However, Florida law limits the right to file a lawsuit for pain and suffering to those that have sustained “serious injuries.” If you meet the serious injury threshold, you can recover these damages in your lawsuit.
There are several criteria for what qualifies as a serious injury. Major injuries like the wrongful death of a family member or miscarriage are always considered serious. You can also meet the threshold if you suffer permanent injuries like an amputation or the loss of a bodily function. Scarring and disfigurement could be considered “serious” but usually must be substantial to meet the bar. Our personal injury attorneys can help you determine if your injuries are serious and file a lawsuit to recover compensation for your pain and suffering.
Our Hialeah, FL Car Accident Lawyers Can Help
For a free case review of your car accident claim, call the Hialeah car accident lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. Our phone number is (954) 568-3636.