Car accidents are the most common cause of injuries in Florida. Different types of car accidents may cause you injuries, including head-on collision, rear-end car collisions, pedestrian accidents as well as truck wrecks. If you are injured in a negligent car accident, you will be entitled to receive compensation for your injuries. On filing a personal injury claim, the jury will determine fault in the crash and make the negligent party responsible for the damages. At Clay County Personal Injury Attorney, we will help you gather enough evidence to prove negligence from the defendant. Our group of competent attorneys serve clients from Clay County, FL, to ensure the best possible outcome in your claim.
Types of Car Accidents in Florida
Involvement in a car accident can be a traumatic experience that leaves one overwhelmed, in shock, or even in severe pain. While all accidents will leave a negative impact on the victim, some types of accidents are more likely to leave you with physical and emotional injuries. However, regardless of the kind of accident you are involved in, you can file a personal injury claim to seek compensation for your injuries. Moreover, the type of crash that caused your injuries will help identify the driver who is at fault. The following are some of the most common types of car accidents in Florida:
A head-on collision accident, which is commonly known as a frontal crash, occurs when two vehicles traveling from opposite directions crash from the front. Most types of car accidents will cause injuries to the victims, but head-on collision accidents are known to have more fatalities and severe injuries. Sometimes the crash occurs by chance or from mechanical difficulties and road problems. However, some of these accidents will occur as a result of negligence from a driver. Negligence occurs when drivers are speeding, failing to yield the right way, or trying to overtake carelessly. Drunk driving and distracted driving is also a major contributing factor to head-on collision accidents.
If you are injured in a head-on collision, you are entitled to receive compensation for those injuries. On filing a personal injury claim, you will have the burden to prove that the defendant owed you a duty of care which they breached and caused your injuries. If you successfully establish the defendant’s liability for damages, you can get compensation. Florida is a comparative fault state where settlement is done depending on the percentage of fault for each party. With the help of a personal injury attorney, you can get compensation for medical expenses, property damage as well as lost wages. Also, if your loved one is killed in a negligent head-on collision, you can file a wrongful death claim and get compensation for burial and funeral expenses.
Rear-End Car Collision
A rear-end car accident occurs when a driver hits you from the backside of the vehicle. It may seem as if the fault is automatic in such an accident, but liability can be distributed between different drivers. Rear-end collisions are always unforeseen and can be caused by various factors. including:
- Distracted driving
- Sudden braking of the lead driver
If you believe that the other driver was at fault for the rear-end collision, you are entitled to compensation. In the personal injury claim, you have the responsibility to prove negligence from the party who rear-ended you. Although the rear driver causes most rear-end accidents, the fault is not automatic in such lawsuits. The lead driver can also be at fault for suddenly stopping or driving too slow. Also, reversing into a car and suddenly pulling out in front of the traffic can prove that the lead driver was at fault.
In some cases, a rear-end accident will involve multiple drivers. This results from a chain of collisions that reaches your car from numerous vehicles. When this occurs, liability for the accident can get distributed to different parties depending on their percentage of fault. You need to show that the other driver owed you a duty of care, which was breached and resulted in the accident. Moreover, even when you were partly at fault for the accident, you can file a lawsuit to claim compensation for the injuries.
A vehicle rollover is one of the most dangerous car accidents that can occur. Injuries resulting from these accidents are often fatal and life-threatening. A rollover accident will take place when a vehicle turns upside down to the roof. Sometimes the car will roll once while other times it may roll several times, especially when the impact was high. There are several reasons why a vehicle may roll over. Some of the causes of such accidents include:
- Trying to make a turn while on high speed
- The impact of heavy vehicles
- Poor roads which could result in hitting a pothole or an object on the road
- Trying to evade another vehicle
- Drunk driving
Some of the injuries caused by this type of accident can cause permanent disability, both physical and metal. If you are injured in a rollover car accident, you can file a personal injury claim against the liable party. With the help of a personal injury claim, you can successfully prove negligence from the defendant. Also, if your loved one is killed in a car accident, you can file a wrongful death claim.
Side Impact Collision
A side impact accident, commonly known as a T-bone accident, takes place when the front side of a vehicle hits the side of another car. These accidents occur in road intersections. T-bone car accidents result from:
- Failure to yield the right way - The right way is a rule which allows pedestrians to cross the road before the driver can move
- Making wrong turns - Trying to make a wrong turn can cause a driver to hit another vehicle on the side ad cause a fatal accident
- Driving under the influence of drugs - Most drivers who drunk drive are not in a position to follow traffic rules, and their conduct is likely to cause T-bone accidents.
In a side-impact car accident, the severity of the injuries will vary depending on the nature of the crash. Injuries may range from minor cuts and soft tissue injuries to severe head and spinal injuries. When the vehicle that hits you from the side is too heavy, a side impact accident can result in death. Fault in a T-bone accident is based on negligence, and you can file for compensation if you are injured in the crash. Fault in these car accidents can be complicated to prove, and it is essential to seek guidance from a personal injury attorney.
Single Vehicle Accident
Even though most car accidents involve multiple vehicles, some accidents will only have one vehicle. Some of these accidents will result from drunk driving, distracted driving, or swerving to avoid hitting an object on the road. There are circumstances under which the driver may not be held liable for the accident, even when the accident involved a single-vehicle. This will be the case when the accident was caused by other factors other than the driver’s conduct. Single vehicle accidents could result from:
- Environmental factors - When the weather is not favorable, and there is snow all over the road, a driver may be unable to drive carefully. In such cases, the driver may not be held liable for the accident.
- Poor roads - Poorly maintained roads may have potholes or broken telephone posts. When a vehicle hits these barriers, it may roll over, causing severe injuries to the victims. When poor roads cause an accident, you can file a personal injury claim against the authorities responsible for maintenance.
- Vehicle defects - Cars often have manufacturing defects, which could cause faulty brakes and other defaults. If you are injured in a car accident with manufacturing defects, the car manufacturer will be held liable for the accident.
If you are the driver involved in a single-vehicle accident, ensure that you don’t admit fault for the accident. When you believe that an external factor contributed to the accident, you can sue for damages. Also, before you settle with an insurance provider, ensure that a competent attorney represents you.
Hit and Run Car Accident
A hit and run accident occurs when a driver who is involved in an accident flees the accident scene. If one is involved in a car accident in Florida, the law requires you to stop and stay close to the accident scene. Also, the involved parties should produce their identification information as well as the insurance coverage documents. Moreover, the driver involved in the hit and run should try to assist the injured victims.
If you are a victim in the hit and run car accident, your safety should be of utmost importance. Avoid chasing the driver who flees. You can make a note of the details of the driver’s vehicle and the appearance of the driver. You can also try to identify other witnesses. After the accident, you should seek medical attention. If you suffer substantial injuries in a hit and run accident, you are entitled to compensation for the injuries.
It is crucial to contact a personal injury attorney who can help you collect information to prove negligence. Besides facing legal penalties for a hit and run accident, the negligent driver will be liable to pay for your injuries. A successful personal injury claim will see you get compensation for all costs you incurred to treat the injuries. Also, you can get paid for the lost wages and loss of future earnings as a result of the damages.
Parked Car Crashes
Parking lot accidents always occur when a driver is trying to back up. Also, the accident may occur when a driver is at high speeds and fails to stop for a person walking through the parking lot. Negligence laws apply in Florida to determine who is at fault for the parking lot accident. To determine the responsibility for the accident, the court will assess the person who acted recklessly. Although most parking lot accidents will not result in substantial injuries, some may leave you permanently disabled. If another party is liable for a parking lot accident, you can file a claim against them.
Pedestrian Knockdown Accident
Florida is one of the most populated States in the United States. This increases the prevalence of pedestrian knockdowns. Pedestrian accidents will occur when a vehicle hits you while you are walking on the streets or crossing the road. All drivers must ensure the safety of pedestrians and other road users. However, this is not always the case, and some drivers are negligent. Through over speeding, reckless and drunk driving, you may be hit by a vehicle and suffer substantial injuries.
Pedestrian accidents are often very fatal. This is because your body will have a direct impact on vehicle metals and the ground. Most pedestrian accident victims are left nursing severe injuries, and some will succumb to death. The most common injuries you suffer from pedestrian accidents include traumatic brain injuries, broken bones, and internal injuries.
If you are hit by a vehicle in the parking lot, crosswalk, or the road, you may be able to recover compensation in a personal injury lawsuit. If it is determined that the driver’s negligence was the main contributing factor to your injuries, they can be held liable for the damages. If you are injured in a pedestrian accident in Florida, it is essential to seek the legal representation of a personal injury attorney.
Sideswipe accidents occur when two cars driving in the same direction hit each other from the sides. Most sideswipe accidents are a result of inappropriate lane change where the other driver suddenly enters into your lane and hits you. Florida law requires all drivers to be alert to other incoming vehicles. Also, all drivers are obligated to operate carefully and at a safe distance from other cars. The severity of the accident will depend on the impact and the speed at which both vehicles are traveling.
Since there is minimal protection from the sides, sideswipe accidents can result in severe injuries. Some of these accidents may also cause a collision with other cars and rear-end collisions to the situations. Drivers who carelessly change lanes will be held liable for your injuries as a result of their negligence. Proving negligence in a car accident will require legal representation.
What Should I Do After a Car Accident in Florida?
It can be challenging to remain calm after a car accident. You may be in shock due to an adrenaline rush or even angry at the person you think caused the accident. Immediately after the crash, you should call the police and inform them about the status of the other victims. If you can move or have minor injuries, you can try to help the other victims. Regardless of the severity of the accident, you should call the police to the scene. A police report is a significant piece of evidence in the personal injury claim.
If you are in a position to move around, you can collect more information on the accident. This is by taking note of the names and plate numbers of the vehicles belonging to the other drivers involved in the crash. You can also take pictures of the accident scene and your damaged vehicle. The presence of photographic evidence can help establish how the accident occurred.
If you have sustained an injury no matter how minor, it is crucial to seek medical help. You need to ensure that any injury you sustained and the treatment you have received is recorded. Also, medical reports should be kept in order. These records will be required to prove the injuries and cost of treatment in a personal injury claim. After the accident, the defendant’s insurance company may attempt to trick you into receiving some settlement. You need to avoid admitting fault to the accident. Also, you should seek the help of a personal injury attorney to deal with the details of your case.
Filing a Personal Injury Claim After a Car Accident
If you or your loved one suffers injuries in a car accident, you are entitled to compensation. Filing a personal injury claim is the way through which you can recover the damages. In Florida, compensation in personal injury claims focuses on negligence in the accident to show the defendant's responsibility for the crash. You must prove the following elements of negligence:
The Defendant Owed You a Duty of Care
Duty of care is the responsibility to ensure that your actions do not harm other road users. If you suffered injuries from a car accident caused by another person, it would be clear that the defendant owed you a duty of care.
Breach of Duty
In Florida, the duty of care comes down to what a reasonable person would do in the situation. You can prove that the defendant breached their duty of care towards you by acting in a way that threatened your safety. A driver can breach the duty of care by over speeding, failing to yield the right way, drunk driving, among other reckless behaviors.
It is not enough that the defendant owed you a duty of care and breached it. The car accident caused by the defendant must be the primary cause of your injuries. However, many other factors may come in the way to complicate the injuries. Therefore, it is crucial to have competent legal representation when pursuing compensation in a personal injury claim.
After the car accident in Florida, you will have four years from the time of the accident to file a personal injury claim. When the four year period elapses, you may lose your rights to compensation benefits. Fault in the crash can be challenging to prove, and the following information can be useful in your claim:
- Police report - When you call the police to the accident scene, they will assess the damages and write a report on their findings. The police report is a vital piece of evidence since it includes the driver’s behavior at the accident scene.
- Medical report - It is advisable to seek medical attention even when you don’t feel that the injuries are severe. Seeking medical care is ideal because some injuries are internal and, if not detected early on, could cause health complications in the future. Your medical reports will be used to establish the severity of your injuries and how they affect your daily life.
- Testimonies from witnesses - After an accident, it would be wise to identify witnesses who saw the crash happen. You can ask for their phone numbers and request them to testify in your case.
- Type of car accident - Depending on the type of car accident you were involved in, it can be easy to identify which driver is more likely to have committed an offense. Also, the traffic rules can be used to determine if the other driver’s conduct violated the traffic laws.
When pursuing a personal injury claim, seeking competent legal representation is one of the wisest decisions you can make.
Find a Personal Injury Attorney Near Me
When you get out of your house to travel, you do not anticipate being involved in an accident. However, car accidents are inevitable and are on the increase in Florida. If you are involved in a car accident in Florida, you can file a personal injury claim to seek compensation for your injuries. Florida is a pure comparative negligence state, and payment will be made depending on your percentage of fault in the accident. With the help of a personal injury attorney, you can recover compensation for medical bills, lost wages, lost future earnings, and payment for pain and suffering. If you are in Clay County, FL, you will require legal guidance from Clay County Personal Injury Attorney. Call us today at 904-494-8242 to discuss your claim.