Motor Vehicle Accidents (Cars/Trucks/Motorcycles)

Each state has its own set of motor vehicle laws. The differences can be substantial. For example, Florida is one of only a handful of states that does not require bodily injury (BI) insurance, and until October 1, 2013, texting while driving in Florida was not banned. (It is now a primary offense for truckers, a secondary offense, meaning drivers first have to be pulled over for some other offense, for others).

Motor vehicle accidents are caused by a variety of factors. Here is a list of the more common factors:

• Driver fatigue
• Carelessness
• Distraction
• Texting
• Talking on phone
• Speeding
• Aggressive driving
• Mechanical failure (brakes, steering)
• Defective tires
• Drunk driver

Insurance plays a prominent role in virtually every motor vehicle accident case. It is also a topic of great confusion to many people. One of the reasons for the confusion is because of the many different types of motor vehicle insurance coverage. The different coverages include:

• Personal Injury Protection (PIP)
• Bodily Injury (BI)
• Uninsured Motorist (UM)
• Underinsured Motorist (UIM)
• Property Damage — Liability
• Comprehensive/Collision

Some of our motor vehicle accident blogs:

• Maintain BI Coverage to Avoid License Suspension
• Gifting Away Vicarious Liability Under the Dangerous Instrumentality Doctrine
• Understanding UM Coverage
• Personal Liability Without Driving Negligently
• Florida Supreme Court Settles Rear End Crash Presumption

Our law firm handles its motor vehicle crash cases on a contingent basis, meaning that our clients pay nothing until we win the case. This enables our clients to pursue a civil remedy where financial constraints would otherwise get in the way.

To-Do Recommendations following an accident:

• Take photographs of the accident scene before the vehicles are moved.
• Photograph vehicle property damage, inside and out. If airbags deployed, photograph this. Photograph the seatbelts used.
• Try to gather witness information such as name, address, and phone number.
• Obtain medical care at the scene if needed.
• Contact your own motor vehicle insurance company as soon as practicable following the accident, preferably within 48 hours. Get a claim number. Your own insurance company may wish to take your statement about the accident and injuries. Your insurance contract probably obligates you to cooperate at the risk of losing coverage by refusing. Keep your answers short and to the point. Other insurance companies may also wish to take your statement. You may not be contractually obligated to cooperate, but it’s best to get advice from a lawyer to avoid making the wrong decision. Do not downplay your injuries.
• Seek needed follow up medical care as soon after the accident as possible. Medical providers will want your Personal Injury Protection (PIP) and health insurance information. Have your insurance cards and the PIP claim number ready for the providers. Get each provider’s contact information.
• Seek legal advice to learn your rights.

Common motor vehicle accident injuries:

• Whiplash
• Traumatic Brain Injury (TBI) (Herida cerebral traumática)
• Torn Rotator Cuff
• Herniated Disc
• Facial Lacerations

Some significant MV injuries handled by our Firm:

• Paralysis
• Traumatic Brain Injury (TBI)
• Crushed Bones
• Damaged Organs
• Herniated Disc
• Rotator Cuff Tears

Call or email now to schedule a free confidential consultation to learn your legal rights. Our offices are centrally located in Miami-Dade County, only minutes from I-95 and Biscayne Boulevard in beautiful Miami Shores Village. Parking is free. We are available 24/7 and a member of the firm will come to your home, the hospital, or nursing home to meet you.