According to the National Highway Traffic Safety Administration, Florida has one of the highest rates of traffic fatalities per year, recording over 2,500 deaths in 2010 alone. Whether the accident involved one or more vehicles, they just don’t happen; accidents are caused by at least one negligent driver.
Drivers have a duty to safely operate their motor vehicles. Drivers breach that duty by endangering other motorists with their negligent conduct. When this happens, negligent drivers become liable for any property damage or bodily injury “proximately caused” by their negligence. Negligent driving occurs when the motorist experiences a loss of focus, or other impairment of their driving skills, which usually lead to catastrophic injuries.
Examples of negligent driving include:
Driving while intoxicated
Unsafe lane change or intersection crossing
Refusing to slow down or yield right of way
Drag racing or speeding on public roads
Falling asleep at the wheel
Talking or texting while driving
Driving while otherwise distracted
Violations of basic traffic and safety laws
Refusal to adapt driving behavior to road conditions
Florida law protects motorists who are injured by the negligence of other drivers. Florida Statutes require drivers to carry automobile insurance protecting the named insured, relatives, and other persons operating the motor vehicle against liability for personal injury or property damage in the event of an accident. Section 627.733 of the Florida Statutes, provides a $10,000 limit for loss sustained by any person as a result of bodily injury or death arising out of the use of the insured vehicle.
Injured parties who can show their harm was caused by another driver’s negligence are entitled to several types of damages. First, they can recover compensation for past and future medical expenses, from the emergency care they received at the scene of the accident to ongoing treatment as the injury requires. Second, injured victims can recover the lost income, future earnings, and disability benefits incurred from their inability to return to work. Finally, they are entitled to compensation for the trauma and inconvenience caused by the accident, including damages for pain and suffering. These are all costs borne by negligent parties and their insurers.
Under Florida law, driving under the influence is proved by impairment of normal faculties or unlawful blood alcohol levels of 0.08 or above. Pursuant to Section 316.193 of the Florida Statutes, any person who causes property damage or personal injury to another while driving under the influence is guilty of a first degree misdemeanor punishable by a $1,000 criminal fine or 1-year imprisonment. Repeat offenders may face a $5,000 fine, 5 years imprisonment, or both.
We use our own investigators in Automobile Accident Cases
We use our own investigators to thoroughly analyze the evidence related to the accident. In many instances, a significant part of the investigation involves reconstructing how the accident occurred and obtaining witness statements and police reports. Our firm immediately begins an investigation to preserve the evidence, including pictures of the scene of the accident as well as damage to your vehicle or other vehicles involved.
We assist our clients with property damage claims
In our comprehensive services approach, we also assist our clients in their property damage claims for their vehicle’s damage. Additionally, we can assist you in initiating damage claims for other personal items destroyed in an accident, such as items that were in your trunk or elsewhere in the car.
We work to reduce your medical liens
Most clients are unaware that health insurance companies have a right of subrogation to place a lien on the money awarded to the injured person. Our staff is highly skilled at negotiating with health insurance companies to ensure our clients receive the maximum amount of their compensation.
If you or a loved one has been injured in an automobile accident, the experienced Law Offices of Jorge L. Flores, P.A., can help you. We have helped many automobile accident victims throughout Florida obtain the maximum compensation available. We will work hard to achieve the best possible outcome either at trial or through settlement.