Car Accident Lawyer Hollywood, Florida
At the Law Offices of The Barzakay Law Firm, we believe individuals who have been unjustly harmed by another’s negligence or recklessness deserve justice and compensation for their injuries.
Almost every five seconds, someone is involved in an automobile accident. In most situations, these accidents occur as a result of carelessness or negligence. In fact, auto accidents are the leading cause of death for Americans under the age of 35. According to National Highway Safety Traffic Association, more than 40,000 people were killed and more than 2.5 million injured in the United States in 2021 alone. Florida ranks 2nd behind California for the highest number of automobile-related deaths, with over 3,300. Too often these injuries and death could have been prevented. Thankfully, there are laws in place to protect victims of automobile negligence.
The Barzakay Law Firm has built a national reputation in successfully helping victims of negligence obtain justice. Our team of car accident lawyers, paralegals, and investigators are trained to handle any automobile accident big or small. It is our mission that all our clients be fairly and quickly compensated for their pain and suffering, unpaid medical expenses and lost wages. Rest assured, we have the financial resources to consult and retain some of the top experts in any field, enabling us to take on the biggest insurance companies with confidence.
So, if you or someone you love was injured in a car accident, please contact us immediately for a free consultation with our Florida car accident lawyer.
What to Do After a Car Accident:
- Stop and assess the situation.
- Call 911.
- If you are physically able to, get as much information from everyone at the accident scene, especially any witnesses. At the very least, write down the tag numbers of the vehicles involved in the accident.
- Take pictures of damage to your vehicle and any other vehicle involved in the accident.
- Only speak to the police officer.
- Review the police report and make sure all of the information is accurate.
- Do not sign anything or admit that you are at fault.
- Contact our experienced car accident lawyer ASAP.
Steps to Take When the At-Fault Driver in an Accident is Uninsured
Finding yourself in a car accident where the responsible party lacks insurance can be daunting. However, there are clear steps you can take to protect yourself:
- Check Your Own Insurance Policy
Investigate whether your car insurance includes uninsured motorist coverage. This type of coverage is designed to help compensate for any injuries or damages when the at-fault driver cannot. It’s crucial to fully understand what your policy covers, so contact your insurance provider for detailed information. - Document the Accident
Gather as much evidence as possible from the accident scene. Take photos of the damages, note down witness statements, and obtain a copy of the police report. This documentation will be vital when you file a claim with your insurance company. - Consult a Legal Professional
It’s wise to discuss your situation with a car accident attorney. They can explore all possible avenues for compensation, whether through your insurance policy or other legal avenues that might be available. - Seek Medical Attention
Even if your injuries seem minor, visit a healthcare provider for a thorough examination. Medical records not only ensure your health is a priority but also support your insurance claim by documenting any injuries sustained in the accident. - Consider Other Avenues for Compensation
In some instances, it might be possible to take legal action against the uninsured driver directly. An attorney can provide insights on whether this is a viable option based on your specific circumstances.
By taking these steps, you’ll be better positioned to navigate the complexities of an accident involving an uninsured driver. Remember, acting promptly and informed decision-making is key to protecting your rights and financial interests.
How to Prove Fault in a Car Accident Claim
Proving fault in a car accident claim requires demonstrating that the other driver was responsible for the collision. In legal terms, this means showing that it’s more likely than not that the other party’s actions led to the crash. This hinges on collecting and presenting substantial evidence like witness testimonies, photographs of the accident scene, and medical and repair bills.
Establishing a Breach of Duty
To hold the at-fault driver accountable, you need to prove they violated a legal duty of care owed to you. Typically, this involves breaking traffic laws or failing to adhere to safe-driving practices. Instances that may demonstrate a breach of duty include:
- Ignoring traffic signals, like running a red light or stop sign
- Driving under the influence of alcohol or drugs
- Engaging in distracting activities, such as texting while driving
- Speeding or driving too fast for weather conditions
- Following another vehicle too closely
- Neglecting to signal turns or lane changes
These infractions not only pose risks to others but may also result in fines or citations, further supporting your claim.
Understanding Florida’s No-Fault Insurance System for Car Accidents
Florida operates under a “no-fault” auto insurance system. Here’s how it works and what it means for drivers involved in car accidents:
Personal Injury Protection (PIP) Coverage
- Initial Coverage: Every driver must have Personal Injury Protection (PIP) insurance, which covers up to $10,000 for their own injuries in the event of a car accident. This applies regardless of who caused the crash.
- Immediate Care: This system allows individuals with minor injuries to receive medical treatment promptly, without needing to establish liability.
Limitations of No-Fault Coverage
- When PIP Falls Short: If the injuries sustained are serious, or if medical costs surpass the $10,000 PIP limit, no-fault coverage may not suffice.
- Permanent Injuries and Scars: Those suffering from permanent injuries or significant scarring are permitted to pursue legal action. This allows them to seek greater compensation for their injuries.
Legal Options Beyond PIP
- Filing a Lawsuit: In cases of severe injuries or costs exceeding the PIP threshold, victims can file a lawsuit against the at-fault driver. This legal route provides access to compensation beyond the limitations of their own insurance.
- Additional Damages: By taking the matter to court, victims can potentially receive compensation for pain and suffering, emotional distress, and other non-economic damages not typically covered under PIP.
Benefits of Pursuing Legal Action
- Removing Caps and Limits: Unlike PIP claims, lawsuits aren’t constrained by the same caps on financial recovery. Victims may reclaim the full extent of their damages, including deductibles and co-pays.
- Holding At-Fault Drivers Accountable: Suing the at-fault party shifts the financial responsibility from the victim’s insurance to the liable driver, potentially leading to a more comprehensive compensation package for all incurred damages.
In essence, while the no-fault system ensures swift medical care regardless of fault, it also provides pathways for those seriously injured to attain further justice and financial recovery.
Conditions for Filing a Lawsuit After a Car Accident in Florida
In Florida, pursuing legal action after a car accident is subject to specific conditions. Here’s what you need to know:
- Severe Injuries: If you’ve sustained permanent injuries or significant scarring, you may be eligible to file a lawsuit against the person responsible for the accident. These conditions are considered serious enough to move beyond the usual insurance claims.
- Exceeding Insurance Limits: When the cost of your injuries surpasses the $10,000 personal injury protection (PIP) coverage provided by your insurance, you gain the right to seek additional compensation. This allows you to pursue the at-fault driver and their insurance company for the remaining costs.
By meeting either of these conditions, you open the door to seek further damages beyond what your insurance typically covers, offering a pathway to attain the compensation you deserve.
Proving Causation and Damages
Beyond establishing a breach of duty, you must show that this misconduct directly led to the accident. If other factors, like adverse road conditions or issues with your vehicle, contributed to the crash, identifying fault might be more complex.
Finally, document the damages you suffered due to the accident. This includes medical expenses, property damage, lost wages, and any other financial burdens attributable to the collision. Presenting this information will be crucial for your compensation claim in court.
Proving fault in a car accident requires a strategic approach, focusing on evidence collection and clearly linking the driver’s negligence to your losses.
Truck Accidents
Apart from your typical car accident, another, but far more dangerous type of motor vehicle accident involves large trucks often called “semi tractor-trailers”, “18 wheelers” or “big rigs”. The tremendous difference in size and weight between passenger vehicles and large trucks is a recipe for disaster often leading to catastrophic injuries if not death.
According to the National Highway Traffic Safety Association, in 2006 alone, 5,000 people were killed in truck accidents, and another 106,000 people were injured. Statistics indicate that only 15% of those killed in truck-motor vehicle accidents are the drivers or occupants of large trucks. Three out of four of those killed were drivers or passengers in other vehicles. While mechanical failures, reckless driving and improper driver training account for many of the crashes, NHTSA reports that driver fatigue is responsible for between 30% and 40% of all big rig crashes and is the probable cause in over 30% of the crashes that resulted in the truck drivers death.
The Barzakay Law Firm has built a national reputation for successfully helping victims of truck driving negligence obtain justice. Our team of car accident lawyers, paralegals, and investigators has the knowledge and experience to handle any truck-related accident. Rest assured, we have the financial resources to consult and retain some top experts in any field, enabling us to confidently take on the biggest insurance companies. It is our mission that all our clients be fairly and quickly compensated for their pain and suffering, unpaid medical expenses, and lost wages.
So, if you or someone you love was injured in a truck accident, please contact us immediately for a free consultation with our Florida car accident lawyer.
Motorcycle Accident
Motorcycle accidents often result in debilitating injury or death due to the lack of protection for the rider as compared to other vehicles. When a motorcycle is involved in an accident with a car or truck, the motorcyclist is at a grave disadvantage. Car and truck drivers often fail to see a motorcycle due to inattentiveness and dangerous driving.
While a helmet may be the difference between life and death, the truth is, as a motorcyclist, your chances of escaping a motorcycle accident without serious injury are slim. Often, such accidents leave a motorcycle rider with permanent injuries and disability, costing the victim and his or her family thousands of dollars in medical bills. Moreover, in Florida, there is an inherent prejudice and/or bias against motorcycle riders, which, if not properly addressed, can and will lead to a harsh and unjust result.
This is why, if you or someone you love was injured in a motorcycle accident, please contact us immediately for a free consultation with our Florida car accident lawyer.
Boating Accidents
Living in Florida, we are too familiar with how much fun boating can be. However, what most people do not know is that boating can also be extremely dangerous. The primary causes of boating injuries or deaths are operator inattention, carelessness or recklessness operation, excessive speed, no proper lookout and alcohol. Nationally, the number of boating deaths and injuries in the United States has consistently and steadily increased over past several years. According to the United States Coast Guard (USCG) in 2006 there were 4,967 boating accident resulting in over 710 deaths and 3,474 injuries. Florida ranks number one in every category accounting for almost 1,000,000 registered boats with 633 accidents, 60 deaths and 268 injuries.
The most astonishing statistic of all is that overall two-thirds of all boating fatalities were caused by drowning of which 90% of the victims were not wearing a life jacket. It is easy to see that a vast majority of marine related deaths could be avoided simply by wearing a life jacket.
Many members of the Barzakay Law Firm legal team are boating enthusiasts and experienced boat accident lawyers in the intricacies of federal and state laws governing boating. We have built a national reputation in successfully helping victims of boating negligence obtain justice. Our team of car accident lawyers, paralegals and investigators are trained to handle any boat accident big or small. It is our mission that all our clients be fairly and quickly compensated for their pain and suffering, unpaid medical expenses and lost wages.
So, if you or someone you love was injured as a result of another’s negligence, please contact us immediately for a free consultation with our Florida car accident lawyer.
Drunk Driver Accidents
Chances are if you live in Florida, particularly South Florida you or someone you know has been involved in car accident where the party at fault was a drunk driver. However, personal injury cases against drunk drivers are anything but typical and require extensive complex analysis.
In Florida, a driver who operates a car when their blood alcohol content is in excess of .08 is presumed to have operated the vehicle when their normal faculties were impaired. However, simply because someone is below the limit does not mean they were not impaired when causing an accident. They may not be “drunk enough” to be criminally charged, but certainly any amount of alcohol must be considered in investigating any such accident.
Other cases involving the consumption of alcohol that are often overlooked are “Dram Shop” type cases. In such cases bars, restaurants and other establishments that serve alcohol have a duty not to serve a known alcoholic or someone who is visibly intoxicated. If they fail to stop serving such as person, they are responsible for the damage done by that person. In addition, if a liquor establishment fails to check the identification of a person who drinks alcohol to make certain they are of legal age, the establishment is liable for any damages caused by that underage drinker and will also be responsible for any injuries suffered by the underage drinker.
Lastly, if the alcohol was consumed at a party in a private home, the homeowner may be legally responsible for injuries caused by the drunk driver. You need an experienced car accident lawyer who has handled numerous cases against drunk drivers in order to present your case in the strongest way possible.
So, if you or someone you love was injured in a car accident, please contact us immediately for a free consultation with our Florida car accident lawyer.
Even if the accident seems minor, it’s crucial to consult with an attorney as soon as possible. Doing so before you speak with the other driver’s insurance company can make a significant difference. Insurance companies often seek to shift liability to you, potentially denying any claims you may file.
By consulting with an attorney promptly, you ensure your rights are thoroughly protected, giving you the best chance to secure the compensation you deserve.
Don’t delay—reach out now to safeguard your interests and get the legal support you need.