Hollywood, FL Car Accident Lawyer
Car accidents are one of the most common causes of death and serious injuries in Florida and across the country. Drivers in the Hollywood, Florida, area often deal with traffic, tourists and other risks on the road, such as drunk and distracted driving. Most people involved in car accidents do not face serious injuries, but for those who do, I am here to help at my firm, Jared Newman, Esq.
I am attorney Jared Newman, and I represent the victims of car crashes. I seek compensation for their medical expenses, lost income, and pain and suffering. If you or a loved one was hit by a car or involved in a serious car crash in the Hollywood area, contact me today for a free legal consultation at 954-495-8500.
Suing Under Florida’s ‘No-Fault’ Insurance Rules After A Car Accident In Hollywood
Florida is one of many states that use a “no-fault” insurance system for auto insurance. Under this system, each driver is required to carry car insurance that will cover the first $10,000 of their own injuries if they are involved in a car crash. This can help people with minor injuries get medical care for their injuries without having to prove who was at fault. However, when people are injured in serious crashes or face more expensive medical bills, this might not be enough.
People who face permanent injuries or significant scarring are permitted to file lawsuits instead of using their own insurance to cover their injuries. The same is true for injury victims whose damages cost more than the $10,000 personal injury protection (PIP) threshold. This allows them to seek damages from the at-fault drivers and their insurance companies instead of relying on their own insurance to pay damages.
This is incredibly helpful for injury victims since their own insurance usually comes with limitations on pain and suffering damages, caps on the percentage of damages the insurance policy will cover and deductibles that the victim needs to pay. When you sue in court for damages, the at-fault driver can be made to pay any damages you suffered because of the crash, potentially opening up damages for pain and suffering, emotional distress and other harms.
Talk to me after an accident. There may be many loopholes like this that allow you to sue after a car crash rather than settling for insurance coverage that doesn’t pay your damages in full.
Proving The Other Driver’s Fault In A Car Accident Claim
When you take a driver to court for a car accident, you need to prove that they were responsible for the crash before you can get compensation for your injuries and other damages. The no-fault rules do not extend to lawsuits, and victims need to prove their cases “by a preponderance of the evidence” before the court to get the damages they deserve. This burden of proof essentially means that you must show the judge and jury that it is more likely than not that your claim is true. This burden is often met by producing testimony, photos and bills showing what happened during the crash and what damages you suffered because of the other driver’s mistakes.
The law lays down more specific elements that must be proved by a preponderance of the evidence in a car accident lawsuit in Hollywood. Specifically, victims and their personal injury lawyers must show that the at-fault driver breached some legal duty that they owed the victim and that that breach of duty caused the victim’s injuries. In many cases, the “duty” in question is a traffic law or some reasonable safe-driving standard. For instance, drivers can be held accountable for accidents they cause because of any of the following violations or mistakes:
- Running a red light
- Running a stop sign
- Driving under the influence
- Texting and driving
- Following too closely
- Driving too fast for road/weather conditions
- Distracted driving
- Tired driving
- Failing to signal
- Failing to yield
There’s no secret that a lot of drivers enjoy speeding once in a while. It’s important to remember that speed limits are meant to help all traffic participants arrive at their destination safely. Drivers who exceed the speed limit have less time to react and are more likely to be involved in a car accident. Speeding is the main reason behind 4% to 10% of car accidents that take place in Florida.
Running a traffic light or failing to stop at a stop sign are the main causes of side-impact crashes. Unfortunately, a lot of drivers who fail to obey the signs or the traffic lights will also exceed the speed limit, making them more likely to cause severe accidents.
Most of these constitute traffic violations for which the driver could be ticketed. At the very least, they go against standard safe-driving practices that a reasonably prudent driver would obey – a fact that can also supply proof of a legal duty and a violation of that duty.
You must also show that the driver’s breach of duty actually caused the crash. If the accident would have happened anyway because of bad road conditions or problems with your vehicle, then the other driver might not be at fault. Lastly, you must prove what damages you faced to get compensation for them in court.
Who Do You Sue After A Car Accident In Florida?
In most car accident cases, you will directly sue the driver who caused the crash. If they have auto insurance, which they are legally required to carry in Florida, then their insurance company will usually provide them with a lawyer and pay for damages, but you might not need to actually file the case against the insurance company.
In addition to the at-fault driver, you can sometimes sue other drivers who shared fault. The court can apportion partial liability among multiple drivers, and each driver pays their fair share of the damages you suffered. In some cases, the driver’s employer – such as a trucking company, delivery company or taxi company – could also be joined in the lawsuit and held accountable for negligent vehicle maintenance, negligent hiring and other mistakes. Talk to me about who you might be able to add to your lawsuit.
Compensation Available For A Person Injured In A Car Accident In Florida
My mission is to help victims of driver negligence deal with traumatic events and their consequences. I help my clients deal with expensive rehabilitation and treatments, burdensome medical expenses, and severe and potentially permanent disabilities that can alter their lives forever. I firmly believe that it’s paramount for my clients to receive maximum compensation. I fight aggressively in order for my clients to afford to pay all their medical bills for things such as medication, doctor visits, surgeries, devices for assistive mobility and other costs associated with injuries.
If you were the victim of a car accident in Hollywood, Florida, I will help you obtain compensation for the following:
- Pain and suffering: This includes all the costs associated with injuries and emotional pain.
- Lost wages: In some cases, car accident victims are forced to miss work for prolonged periods of time, and some might even have a diminished earning capacity due to disability.
- Property damage: This should cover the costs of repairing or even completely replacing the vehicle that was damaged in the accident.
- Punitive damages: If the accident was caused by intentional actions or reckless behavior, the liable party will have to pay punitive damages.
To determine the amount of compensation that you are entitled to, I will investigate the circumstances that led to the car accident. I will get in touch with every witness and law enforcement officer involved, and I will collaborate with accident reconstruction experts to fully understand what happened. I will also discuss with doctors and financial advisers to determine the approximate costs of your complete recovery and how long your injuries will affect you throughout your lifetime.
At Jared Newman, Esq., I Can Help
If you faced injuries in a car crash in the Hollywood, Florida, area, call Jared Newman, Esq.. I fight to help victims and their families get the compensation they need after serious car accident injuries. For your free legal consultation with me, call my firm today at 954-495-8500.
FAQs About Car Accidents
A Hollywood, FL car accident lawyer knows that car accidents can have a significant impact on a person’s life. Dealing with the aftermath can be confusing and overwhelming. The following are some of the most frequently asked questions about collisions. For more detailed information about your particular situaiton, contact Newman Injury Law.
What should I do immediately after a car accident?
After a car accident, your first priority should be your safety and the safety of others involved. The first thing you should do – if you are physically able – is to check for injuries and call emergency services if necessary. Move your vehicle to a safe location away from traffic, if possible. It is critical you exchange contact and insurance information with the other driver. It is also a good idea to document the accident scene by taking photos and videos, as well as gather contact information from any witnesses to the crash.
Should I always report a car accident to the police?
In many cases, it is required by law to report the accident to the police, contacting them right from the scene. Always contact them if there are injuries, significant property damage, or if the other driver involved appears to be under the influence of drugs or alcohol. A police report can serve as crucial documentation for insurance claims and potential legal proceedings.
How does insurance coverage work after a car accident?
After a car accident, you will typically need to file a claim with your insurance company. Depending on the circumstances, your insurance coverage may include:
- Liability coverage: This covers damages and injuries you may have caused to others.
- Collision coverage: This covers damage to your vehicle resulting from the accident.
- Personal injury protection (PIP): This coverage pays for your medical expenses and other related costs.
- Uninsured/underinsured motorist coverage: This covers you if the other driver is at fault but lacks sufficient insurance coverage.
What if the other driver is at fault but doesn’t have insurance?
If the other driver involved in the accident is at fault but doesn’t have insurance (uninsured), or their insurance coverage is insufficient (underinsured), you may be able to rely on your own uninsured/underinsured motorist coverage. This coverage can help compensate for damages and injuries sustained in the accident. Consult with your insurance provider to understand the specific terms and conditions of your policy. Your Hollywood car accident lawyer can also determine any other avenues of obtaining financial compensation for your losses.
When should I consult an attorney after a car accident?
Even if you think the accident was a minor one, you shold consult with an attorney as soon as possible and definitely before you speak with the other driver’s insurance company. Their insurance company will be looking for ways to shift liablity of the crash to you in order to deny any claims you may file. A lawyer can ensure your rights are protected.
If you’ve been injured in a crash, make sure you have a Hollywood car accident lawyer advocating for you. Call Newman Injury Law today to schedule a free case evaluation and find out what legal options you may have for your losses.
"A friend recommended Attorney Jared Newman after I was involved in a car accident. From the start Jared has been absolutely amazing. From staying in constant contact with me with updates on my case, to explaining things I didn’t understand, to getting me the best outcome possible, he has not disappointed. I’m glad I made the right decision with Jared Newman and I’m definitely keeping his number saved for anything in the future."