Car Accident Lawyers

When navigating your personal injury case, there are multiple claims to be considered.

Driver Negligence

Driver negligence is the number one cause of motor vehicle accidents. Some common driver behaviors that cause accidents include distracted driving, running red lights or stop signs, failing to yield the right of way, driving too fast for conditions, improper lane change, etc.
All drivers have a duty of care for anyone who shares the road. If they fail in that duty of care and cause an accident, their insurance company is liable for damages. These damages could be substantial if another party were injured.

Defective Car Parts

There are cases when a car accident occurs, but it’s not the fault of either driver. For example, if a car manufacturer installs faulty brakes or a mechanic doesn’t install the brake pads properly, a driver may not realize that their car is a danger to themselves and others.
If your car accident was caused due to a product defect or a mechanical error, you should be aware that the case is going to be complex, which means that you need an established legal team with experience in both car accidents and product liability claims.

Road Conditions, Poor Design, and Faulty Construction

A driver needs to be more cautious when the roads are wet, when there’s inclement weather, or when driving through construction zones, but that doesn’t necessarily mean that they’re liable for accidents occurring under these adverse conditions.
If an accident is caused due to faults in road design, the driver may not be liable for resulting injuries. For example, Florida roads are supposed to be designed so that water runs off easily because water sitting on roads is a common hazard in this state. Standing water may be the result of insufficient drainage or improper design. If a vehicle hydroplanes prior to impact, it may not be the fault of the driver. An attorney will examine all aspects of an accident, including road construction.

Under Florida Law, auto accident victims have four years from the accident date to file a personal injury claim. If you believe you may be entitled to file a claim, time is of the essence. Contact a trusted Florida car accident lawyer at Weinstein Legal to schedule a consultation and discuss the details of your claim.

COMMON CAUSES OF CAR CRASHES IN FLORIDA

With over 15 million licensed drivers on Florida roads, it can seem like auto accidents are inevitable at times. But as an accident victim, it is very apparent to you that plenty of accidents could have been avoided had all drivers properly handled their vehicle and respected others on the road.
At the Weinstein Legal Team, we’re aware that even the safest drivers can be involved in accidents with negligent individuals, and suffer harm as a consequence. Likewise, automotive dealers and manufacturers can fail to uphold safety standards for drivers, resulting in motorists being harmed.
Common causes of Florida auto accidents include:

• Drinking and driving
• Speeding
• Reckless driving
• Texting and driving
• Auto manufacturer defects
• Failing to check a blind spot
• Drowsy driving
• Improper turns
• Road rage
• Distracted driving
• Poor weather
• Bad road conditions

From using a cell phone or applying makeup to eating while driving, a variety of distractions can lead to deadly accidents. According to the Florida Highway Safety and Motor Vehicles department, the leading cause of fatal and injury crashes in Florida is careless driving, encompassing nearly 40% of injury accidents. Meanwhile, 17.32% of injury crashes were caused by drivers who failed to yield to the right of way, 2% were caused by speeding, and 1.81% were caused by individuals driving under the influence.
However, in some cases, vehicular negligence has little to do with the driver’s behavior. Instead, poor weather such as heavy rain, missing or obstructed road signs, or defective vehicle parts may be to blame. Common examples of defective parts include faulty ignition switches, running boards, brakes, and aftermarket car parts.
No matter the cause, if you were injured at the hands of another, contact a Florida accident attorney today.

Most successful car accident claims come down to the evidence. If the plaintiff is able to prove that their injuries were the result of the accident and that another driver was at least mostly at fault, they have a greater chance of success.
These are the factors that affect a car accident claim:

• Medical Records: Do not delay care. You should have a doctor examine you following an accident, even if you believe that your injuries were minor. Follow the advice of your doctors and specialists. This will help you in your recovery, and it will demonstrate you have, in fact, been injured.
• Witness Information: Witnesses will often leave the scene of a car accident once they know that the police and fire rescue are on their way. They will then be extremely difficult to track down after the fact. Get witness contact information if possible.
• Photographic Evidence: Accidents are much easier to reconstruct with images or video. Use your phone to record the scene as it is. Include pictures of the vehicle damage, injuries, and the location where it occurred.

There are two main types of damages victims of car wrecks may be entitled to, compensatory and punitive. Compensatory damages, also known as monetary damages, are the most common form of damages in a personal injury claim.
Compensatory damages can include:

• Property damage
• Current and future medical bills
• Lost wages
• Emotional duress
• Loss of future earnings potential
• Loss of enjoyment of life

Punitive damages are rare in auto accident cases, but may be available if the vehicle manufacturer is to blame. These types of damages are awarded to punish the at-fault party for outrageous negligence or illegal activities that led to the crash. Try a car accident settlement calculator to learn what your attorney might be able to recover for you.

No matter the circumstance, any auto accident can result in life-threatening injuries. While certain auto accidents can be more deadly than others, all accidents have the potential to be both physically and mentally traumatic.
The Weinstein Legal team of Florida car accident attorneys have represented clients for a variety of accidents throughout the South & Central Florida area.
Types of auto accidents typically seen throughout Florida include:

• High-speed collisions
• Rear-end accidents
• Vehicle rollovers
• Side-impact collisions (T-bone accidents)
• Sideswiping accidents
• Left-turn accidents
• Angled collisions
• Single-vehicle accidents

• Head-on collisions
• Hit and run accidents
• Road defect crashes
• Intersection accidents
• Parking lot crashes
• Uber Accidents
• Car vs. Commercial Vehicle
• Vehicle vs. Motorcycle
• Vehicle vs. Pedestrian

Certain car crashes, such as rear-end accidents, high speed collisions, and even accidents which occur at an intersection can involve multiple vehicles. Multi-car collisions can be incredibly frightening, as well as incredibly confusing. With multiple insurance policies involved, a victim could be unsure how to move forward seeking compensation for injuries. If you’ve been involved in an auto accident, no matter the type, contact a Florida accident attorney today.

Florida is a no-fault state, meaning drivers must have a minimum of $10,000 in personal injury protection (PIP) insurance. PIP requirements allow victims to recover compensation for their medical bills and lost wages after an accident, no matter who is at fault for the collision. PIP coverage will only pay 60% of all lost wages and 80% of medical bills up to $10,000. Furthermore, those medical bills and lost wages will come from the same pool of money.

PIP insurance coverage follows the person, meaning if you are involved in an accident in someone else’s car, your insurance is still the PIP coverage that would be used, not the owner of the vehicle you were in. There are situations in which an injured person in an accident doesn’t have insurance, and therefore, PIP coverage has to come from someone else’s policy. Unfortunately, this is why the insurance claims process can be tricky, and a knowledgeable car accident attorney can help.

Additionally, it is not uncommon for victims of auto accidents to have further damages left uncompensated following their PIP coverage. With insurance companies sometimes diminishing the worth of your claim and attempting to pay you or other victims as little as possible, if you plan on filing a suit to obtain the rest of your damages, you shouldn’t take on the insurance company alone. An experienced Personal Injury Protection claims attorney can help you get the maximum compensation you are owed under your insurance.

While your PIP benefits will cover up to your first $10,000 in damages, it will only compensate 60% of lost wages and 80% of medical bills. If you’ve sustained serious injuries, you know that coverage will not make enough of a dent in your past and future medical bills, time missed from work, and pain and suffering. A personal injury attorney will be able to help you to calculate a monetary amount for your damages to bring to the insurance company.

More often than not, the insurance company will put their interests first, offering you minimal compensation or even moving to dismiss your case based on their findings. A trusted auto accident attorney can anticipate arguments and tactics used by the insurance company and can use their extensive background in personal injury litigation to provide your case with a strong argument. A personal injury attorney will work day and night to protect your right to fair compensation.

Personal injury cases hinge on the details. From the moment an insurance company has been alerted to an accident, they will launch their own investigation into your crash. The insurers will often call a victim to ask them questions or offer a victim a solution that only has the insurance company’s interests in mind.

One of the first roles of an auto accident attorney is to act as your mouthpiece in conversations with auto insurance companies, ensuring that what you say cannot be used against you. Auto accident attorneys launch their investigation into your accident, communicating directly with insurance companies and seeking out evidence, including witness statements, photographs, and expert opinions.
Your attorney will handle a number of things during the negotiation process including:

• Ensure a victim receives proper medical treatment for their injuries
• Analyze any long-term financial needs, future lost wages, or medical care expenses
• Negotiate your claim to achieve the most favorable ruling
• Obtain and analyze police and operator reports
• Obtain and analyze all medical reports
• Evaluate and value present injuries
• Seek compensation for lost wages, medical costs, pain and suffering, and other damages