Pembroke Pines Car Accident Lawyer

Do I Have a Car Accident Claim?

To be successful in a car accident case based on a negligence claim, typically four elements must be established. These elements are the basis for proving that the defendant was at fault for the accident. The four elements of negligence in a car accident case are:

1. Duty of Care: The first element is establishing that the defendant owed a duty of care to the plaintiff (the injured party). In car accident cases, this duty of care is typically implied and arises from the fact that all drivers have a legal obligation to operate their vehicles safely and obey traffic laws. It means that drivers must exercise reasonable care while driving to avoid causing harm to others on the road.
2. Breach of Duty: The second element involves demonstrating that the defendant breached their duty of care. This means showing that the defendant failed to act as a reasonably prudent person would under similar circumstances. In a car accident case, this could involve actions such as speeding, running a red light, texting while driving, or any other behavior that constitutes a violation of traffic laws or safe driving practices.
3. Causation: Causation involves proving that the defendant’s breach of duty was the direct cause of the accident and the resulting injuries. There are two components of causation:
   • Cause in Fact (Actual Causation): This means establishing that the defendant’s actions were a substantial factor in causing the accident. In other words, if not for the defendant’s breach of duty, the accident would not have occurred.
   • Proximate Cause (Legal Causation): Proximate cause refers to showing that the injuries or damages sustained by the plaintiff were a reasonably foreseeable consequence of the defendant’s actions. If the injuries were too remote or unforeseeable, the defendant may not be held liable.
4. Damages: The final element is proving that the plaintiff suffered actual damages as a result of the accident. Damages can include medical expenses, property damage, lost wages, pain and suffering, and other losses directly attributable to the accident. Without demonstrable damages, there may be no basis for a negligence claim.

To succeed in a car accident case based on negligence, you must establish all four elements of negligence. Consulting with a personal injury attorney who handles in car accident cases can be crucial in helping you navigate the legal process and build a strong case.

Florida Car Accident Laws

Florida is a “no-fault” insurance state, which means if you are injured in a car accident, you must seek compensation for your medical bills and other damages from your own insurance company regardless of who caused the accident.

Florida law requires all drivers to carry a minimum amount of personal injury protection (PIP) insurance to cover these expenses for policyholders. PIP pays up to 80% of your medical bills and 60% of your lost earnings up to your applicable PIP insurance coverage amount. Furthermore, if you lose a loved one in a fatal car accident, PIP will pay up to $5,000 in funeral and burial expenses.

If your medical bills and lost earnings are greater than your PIP limits, or if you suffer permanent injuries per Florida statute, then you may be able to file a car accident lawsuit against the at-fault driver and their insurance company for those expenses. Florida law defines serious injuries as those that meet one or more of the following criteria:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement

Common Causes of Pembroke Pines Car Accidents

In the wake of a car crash, your attorney will be looking for evidence. This often means figuring out what the other driver did wrong and how that negligence caused your injuries. Your police report is a good resource here; it may show which State laws were broken and how the other party caused the accident. Across the board, some common causes of car wrecks include:

• Driving above the speed limit or too fast for conditions. Speeding doesn’t always mean just driving over the speed limit. Sometimes, a driver may be well below the speed limit but still be driving too fast for weather conditions. Rain, fog, and heavy wind all require more careful driving. When a driver ignores these standards, crashes occur.
• Fatigued driving. Driving while tired is often as dangerous as driving while under the influence of alcohol. These accidents tend to occur extremely early in the morning or extremely late at night.
• Impaired driving. Being under the influence of drugs or alcohol while behind the wheel is clear negligence. The decrease in attentiveness and slowdown of a driver’s reflexes are a recipe for disaster on the road.
• Distracted driving. Whether a driver is distracted by their phone, passengers, or music, anything that takes your eyes off the road is a danger.
• Failure to yield the right of way. Turning in front of an oncoming car, running a stop sign, switching lanes without checking your blind spot, and other common mistakes are all failures to yield the right of way.
• Careless or inattentive driving. Long-time drivers tend to develop bad habits and spend less time maintaining good habits. This leads to mistakes that put others on the road in danger.
• Component malfunctions or errors. While these issues are less likely to be the cause of a car accident than human error, improper repairs or malfunctioning equipment can cause an accident.

After any of these negligent behaviors, a knowledgeable Pembroke Pines attorney can help collect evidence and prove the cause of a car wreck in court.

Car Accident Injuries Explained

We see a wide range of car accident injuries in the personal injury cases we handle. Some injuries commonly seen in Pembroke Pines car accidents include::

• Broken bones
• Lacerations, cuts, and scrapes
• Infection in scraped or exposed skin, particularly if road rash occurs
• Spinal cord damage
• Soft tissue injuries
• Traumatic brain injuries

Getting the Compensation You Deserve

If you have been injured in a crash that wasn’t your fault, you should receive compensation for the expenses you will undoubtedly incur because of the accident. That’s where our team helps. Not only must a victim prove liability—that the other party was responsible for the accident and the injuries—but they must also prove that they suffered actual losses. Types of compensation you may receive in a car accident settlement include repayment for:

• Medical expenses. Even minor injuries rack up sizable medical bills, which is why this is such an important part of an accident claim. This category includes ambulance transportation, medication copays, doctors’ bills, surgical bills, medical tests, physical therapy, follow-up treatment, and more.
• Lost wages. Whether you take a day off work or six months to heal, it’s unfair that you lose your source of income because of someone else’s negligence. We’ll fight to have your lost wages included in a settlement.
• Lost future income. Some accidents cause serious injuries. They may prevent you from moving up in your current career path or leave you completely unable to work for the rest of your life. When this occurs, a victim must be made whole through compensation for future income loss.
• Future medical expenses. Some injuries don’t ever fully heal. If your injuries are likely to require long-term care or lifelong care, you deserve compensation for those expenses.
• Pain and suffering. Pain can be traumatic, especially after a serious car accident. Based on the severity of your injuries and how long they are likely to last, your settlement may include compensation for your ongoing pain and suffering.
• Property damage. Both vehicle damage and a totaled vehicle can be extremely expensive. You should get enough compensation to get your car repaired or replaced.

If you need help proving that you are entitled to these reimbursements, a tenacious car accident lawyer in Pembroke Pines like David I. Fuchs could assess your setbacks and help you collect evidence about your car accident.

Do You Need an Attorney for a Car Accident Claim in Pembroke Pines?

If the cause of your car accident is clear, you may wonder why you even need a car accident attorney in Pembroke Pines. Won’t the other party’s car insurance see that their client is at fault and pay what you deserve? Unfortunately, no. Insurance companies are known for taking advantage of accident victims by either denying their car wreck claim or offering so little money that it’s insulting.

This protects their profit margin, which is their main priority. They are not concerned about your well-being or healing. They simply want to pay you as little as possible to get a signed liability waiver. If you fall for this, it will be far too late to explore other options by the time you realize you’ve received less than you deserve.

When you hire a Pembroke Pines accident attorney, you have the upper hand. This is especially true when you choose David Fuchs, who has more than three decades of experience negotiating with insurance companies. They know that their usual tactics won’t work, so they are forced to come to negotiations in good faith. Rather than wasting your time with low offers, they will have to be more competitive in their offers if they want to avoid going to court.

What happens if they don’t negotiate in good faith? You’re still covered. David Fuchs will pivot and start preparing for court by building a case that shows the other side’s negligence and your right to compensation.

Our Pembroke Pines Car Accident Attorneys Can Help

If you have been injured in a car accident, don’t let the insurance companies give you less than you deserve. Trust David I. Fuchs, Injury & Accident Lawyer, P.A., with your car crash case. From investigating the accident to collecting evidence and putting together your case, he is with you every step of the way. The sooner you reach out, the sooner you can focus on your own journey to recovery. Contact us at today for a free case evaluation with our experienced Pembroke Pines car accident lawyer.

Common Car Accident Injuries

Attorney David Fuchs regularly represents clients who have suffered horrific injuries due to car accidents.

These are just some of the injuries that occur far too often:

• Broken bones
• Burns
• Severe lacerations
• Spinal cord injuries
• Traumatic brain injuries