How to Maximize Your Car Accident Claim in Florida: Key Steps to Take
If you have recently been involved in a car accident that resulted in serious, life-altering injuries, it is time to reach out to an experienced personal injury attorney. Continue reading to discover the steps you should take after being injured in an accident that can set you up for a successful personal injury claim.
If you are in search of a personal injury attorney, reach out to our firm today to discuss our service and to learn how we can assist you in the claims filing process and maximize your car accident claim in Florida. We want you to get back to your life as soon as possible.
How Many Car Accidents Occur Daily in Florida?
Preliminary 2023 data from Florida Highway Safety & Motor Vehicles (FLHSMV) reports 394,945 total crashes, averaging 1,082 accidents per day. These numbers highlight the persistent risk on Florida roads, influenced by congested highways, distracted driving, and an influx of tourists unfamiliar with local routes.
Key Statistics:
- Fatal Crashes: 3,183
- Total Injuries: 252,261
- Total Fatalities: 3,401
Traffic accidents remain a daily reality in Florida, emphasizing the need for caution and safe driving practices.
What Are The Most Common Causes Of Car Accidents In Florida?
Negligence and human error typically cause the most car accident in Florida. The following are the most common negligent driving behaviors that result in accidents behind the wheel:
- Speeding
- Distracted driving
- Texting while driving
- Disregarding road signs
- Failure to yield
- Driving while under the influence
- Using a mobile device while driving
What Are Examples Of Driver Negligence?
The most common cause of car accidents is typically driver negligence. Keep in mind that driver negligence can come in many different forms, including:
- Driving while drowsy or tired
- Ignoring traffic lights or signs
- Driving while intoxicated or while under the influence of drugs
- Texting while driving, putting on makeup while driving, or otherwise driving while distracted
- Surpassing the speed limit
- Following other motorists too closely
- Neglecting to check blind spots before joining or changing lanes
- Ignoring any other rule or regulation of the road
What Steps Should I Take After Being Injured In A Car Accident?
If you have been injured in a car accident, it is important to take the following steps to protect yourself and set yourself up for a successful future personal injury claim:
- Call 911. The police will bring medical attention to the scene with an ambulance. They will also conduct a police report to document the accident.
- While you wait for the ambulance, collect any witnesses’ contact information including their name, number, and email address.
- Take photos of the scene of the accident. This should include photos of any vehicle and property damage.
- Take photos of your injuries.
- Collect the other party’s insurance information. Keep any communication between you and the other party short and polite. It is also best to avoid admitting any fault in the accident by apologizing in any way.
- Once the ambulance arrives, seek medical attention immediately
- Collect all medical documentation relating to your treatment. These documents should state the date, time, and severity of your injuries.
- Retain the services of an experienced Florida personal injury attorney who will work to satisfy the burden of proof to prove your claim and recover the compensation you require to heal.
Why You Should Take Photos After a FL Car Accident
If you were injured in a Florida car accident and would like to pursue legal action, you should take plenty of photos of the scene of the accident. You will also benefit from retaining the services of a skilled and experienced Riverview, Florida car accident lawyer.
What photos should I take after a Florida car accident?
Accident Scene
Take pictures of the street and weather conditions, traffic signals and signs, and general roadway design. Keep an eye out for tire skid marks, broken glass, or other things left on the pavement. Sometimes visibility is an essential factor in a car accident, so examine large objects that may have obstructed drivers’ view of the road. If there’s a possible argument about the color of the traffic light (i.e. red light versus green light), make a video that displays the timing of the lights at the intersection for all paths of the road.
All Cars Involved
You will want to recognize that pictures should be taken of all of the cars that were involved in the accident, even if there is no harm to one of them. The photos will be useful in discovering the cars involved (license plate, make, model, color). Property damage to the cars should also be captured. If safety permits, take photos before the cars are moved.
Take as many pictures as you can and make sure you also get shots close-up and from a distance. This is important to determine the location of impact, the force of collision speed of travel, and direction of movement. Take photos of the front windshield of the other drivers’ cars. Sometimes something is suspended from the rearview mirror that blocks their view of the road.
Physical Injuries
Most of the time, injuries will slowly heal, so you should take photos right after an accident. Photos of your injuries will help others determine your physical condition after the car accident. In some circumstances, your medical doctor will determine the use of devices such as an arm sling, cervical collar, walker, etc. Take photos of these devices and, if you are able, keep these devices in a safe place even after they become extreme for your medical treatment. These devices may be used as proof of your claim.
Other Important Tips
Make sure you set your digital camera or cellphone so that the date (and, if possible, time) occurs in the image. This will help decide the problem of having to remember when the photo was taken if asked later on. Furthermore, back up your digital photographs by saving them onto a second hard drive, copying them onto a thumb drive, burning a copy onto a CD or DVD, and/or printing out the photographs. The last thing you want occurring is losing these photographs as a result of faulty technology.
What Is The Statute Of Limitations For Personal Injury Claims In Florida?
The statute of limitations is generally two years for personal injury claims in Florida, if the accident happened on or after March 24, 2023, the statute of limitations is 2 years (per HB 837).This means that you will have two years from the date of your accident to file your personal injury claim against the negligent party who is responsible for your accident. This is important to understand because if you fail to take legal action within this period of time, you could risk being barred from suing. It is best to bring attention to your claim as soon as possible. Reach out to our experienced Florida personal injury attorney today to begin this process.
What is PIP insurance?
Personal Injury Protection insurance also referred to as PIP, is a kind of coverage that all motorists are mandated to purchase. Essentially, after an accident in which a driver with PIP is injured, PIP should cover up to 80 percent of their medical bills and up to 60 percent of their lost wages, no matter who caused the accident. That said, if you were hurt in an accident caused by another driver, you should not have to pay for your injuries.
Even 20 percent of your uncovered medical bills and 40 percent of the wages you lost from being unable to return to work still add up. For instance, if you incurred $100,000 in medical bills and PIP covers 80 percent of the cost, you will be responsible for paying $20,000. Luckily, with an experienced auto accident lawyer on your side, you can feel more comfortable knowing that your attorneys will work to obtain as much compensation as possible to ensure you can heal properly.
Passenger Rights After a Car Accident in Florida
If you were a passenger in a car accident and have suffered injury as a result, you may want to consider your legal options. Read on and reach out to our firm today to speak with a dedicated auto accident lawyer.
Do I Qualify For A Personal Injury Claim As A Passenger In A Car Accident?
Passengers who were injured in a car accident are qualified to retrieve the same economic and non-economic damages as the driver in a car accident. Economic damages affect current and future medical bills, lost wages, medical equipment, and outside assistance, and non-economic damages include emotional distress, pain and suffering, and loss of independence, among others.
Before filing a personal injury claim, your attorney will first submit a claim to the negligent party’s insurance company. If they are unwilling to negotiate a fair settlement that completely compensates for your injuries, then your attorney will go ahead with filing a personal injury claim.
If the claim is against the host driver, normally the main worry is that your relationship will suffer as a result, as they will likely be a friend, family member, or otherwise. However, it is critical to recognize that your claim is not directed at them, but instead, at their insurance company. So you are not hurting their personal finances in the process of fighting for compensation.
Basically, regardless of your relationship with the driver, or if you are a passenger in the crash, you should do what is in your best interest and file a claim if you are suffering from long-term injuries, facing heavy medical bills or lost wages, or otherwise facing significant physical, emotional, and financial burdens.
Key Takeaways
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Act Quickly After a Car Accident – Seek medical attention, document the scene, and gather witness information to support your personal injury claim.
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Driver Negligence is the Leading Cause of Accidents – Common causes include speeding, distracted driving, failure to yield, and driving under the influence.
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Photographic Evidence Strengthens Your Claim – Take pictures of the accident scene, vehicles, injuries, and road conditions to establish fault and damages.
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Florida’s Statute of Limitations is Four Years – You have a limited time to file a personal injury claim, so it’s important to take legal action as soon as possible.
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Passengers Have the Right to Compensation – Injured passengers can file claims against the at-fault driver’s insurance, even if the driver is a friend or family member.
Contact Our Firm
For a skilled Tampa personal injury lawyer you can trust, contact The Frank Santini Law Firm today for a free initial consultation.
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