With over a decade of legal experience in the Miami area, Florida car accident attorney Randy A. Bryant provides high quality advocacy and representation to clients who have been the victim of automobile and other accidents. We understand how daunting it can be for Florida residents to face the prospect of litigation against insurance companies and have the knowledge and skills necessary to effectively represent your interests inside and outside the courtroom.
Florida Automobile AccidentsWith over 16 million drivers on the road, it is no surprise that automobile accidents in Florida are a common occurrence. According to the Florida Department of Motor Vehicles, Florida residents were involved in over 235,000 traffic accidents in 2010, an average of 646 crashes per day. These accidents resulted in almost 2,500 fatalities. In total, these accidents cost the state of Florida 3.16 billion dollars, including 40 million dollars in medical costs and 3.12 billion in lost wages and productivity. Currently, car accidents are the leading cause of death for children and young adults and the leading cause of personal injury in the United States.
Liability for Automobile AccidentsFlorida car accidents happen for many different reasons. A driver may be under the influence of drugs or alcohol, be tired or distracted or face unexpected hazards on the road. Typically, the actions or choices that lead to a serious car accident are not the result of intentional conduct, but are because a driver has acted in a negligent manner. Fortunately, this negligence does not make them any less liable for their actions.
Under Florida law, negligence occurs where an individual has failed to act with reasonable care, resulting injury to another. In order to show that another has acted negligently, you must establish that (1) the individual causing the injury owed the injured a duty of care (such as the duty to drive responsibly) and breached that duty by failing to act reasonably and (2) the loss or damage suffered by the injured was a result of that breached duty.
According to Florida Statute 316.1925, automobile negligence is presumed when a driver fails to drive in a careful manner, including following too closely, speeding, failing to yield to right of way and failing to obey traffic signals.
Car Accident RecoveryWhen a driver of an automobile acts negligently, a car accident victim is entitled to compensation for injuries and damage arising out of the driver’s negligence. However, Florida is one of a minority of states that has enacted No-Fault accident laws, meaning that each driver will be paid for their personal injury expense by their own insurance policy. This allows drivers to avoid the drawn out process of litigation in certain circumstances, but precludes them from raising claims for certain forms of damages, such as pain and suffering. As a result of this law, all Florida drivers are required to maintain automobile insurance.
When an accident is particularly severe and injuries are considered to be permanent, victims are exempted from the no-fault law and are allowed to seek compensation from the other driver through a lawsuit. Obtaining sufficient proof that an accident has resulted in the permanent injury necessary to pursue a lawsuit can be complicated and it is important to contact a Florida car accident attorney immediately if you are in this situation.
Helping You Pursue Your Car Accident ClaimsMiami automobile accident attorney Randy A. Bryant understands the trauma and emotional distress that can arise after a serious car accident and is dedicated to providing you the thoughtful and effective legal advice that you need to navigate the personal injury process. If you or a loved one have been the victim of a significant permanent injury and intend to file a lawsuit for compensation, the Bryant Law Firm is here to represent you in the courtroom. We understand the way insurance companies work and will fight to help you protect your rights. For additional information and a free consultation, contact the Bryant Law Firm at 305.456.2777, or online. We offer free consultations and work entirely on a contingency fee basis for personal injury claims.