Florida Motor Vehicle Accident Lawyers
Florida Motor Vehicles Accident Lawyers
Accidents caused by motor vehicles claim thousands of victims each year in the State of Florida. These accidents are varied in their causes but they have similar effects each time. The victims of these accidents often suffer permanent bodily damages and also lose their lives. The total loss cannot be measured on in terms of economic loss alone. The mental and emotional trauma of the accident and subsequent losses can be overbearing for anyone. Under such conditions, a person involved in the accident might decide to sue the other party or parties for compensation.
Motor vehicles accidents can be attributed mainly to two major causes – vehicular defects and human negligence.
Accident due to vehicular defect is a situation where a defect or a malfunction within the vehicle is the cause of the accident.
Motor vehicles are often pushed into an accident by faulty tires. These are tires that tend to burst under normal driving pressure, causing the vehicle to destabilize while it is being driven. This can happen due to an inherent defect in the manufacturing process of the tires or it can be due to poor repair or maintenance of the tire. Depending on the situation, the fault either lies with the manufacturer or the owner of the car.
Defective door latches are also known to aggravate accidents and also cause it. Motor vehicle doors with such latches often unfasten while the vehicle is in motion, causing a passenger or the driver to be ejected from the vehicle. This can be fatal at high speeds. The manufacturer may not always be at fault here and it may be a case poor repair or maintenance.
Rolling over of the vehicle is another major cause of motor vehicle accidents. These rollovers may happen without any involvement of another party when the vehicle in question is unstable or badly driven. SUVs are notorious for rollovers because of their faulty design. The manufacturers often ignore safety measures in order to increase the profitability of their vehicles and thus release these vehicles into the market.
A malfunctioning or poorly designed fuel-line may also cause further damages to a vehicle by leaking fuel and feeding a fire. In these cases, the persons involved in an accident are at a higher risk of being burned to death than being killed by the accident.
Negligence during driving is the prime cause behind motor vehicle accidents. The State of Florida requires every driver to be reasonably cautious and alert while driving any form of motor vehicle. A driver may be severely punished by law if he or she is found to be guilty of negligence that caused an accident.
Drunken driving and DUI (Driving Under the Influence) related accidents are treated separately and have separate laws governing them. They are comparatively more serious offenses and are more likely to receive a strict punishment.
A party that has been involved in a motor vehicle accident is entitled to compensation from the other party under specific situations. For a successful claim, the plaintiff must first prove that other party has acted with negligence. Once the negligence has been established, the plaintiff must then prove that there has been significant damage caused to justify the claim. The damages may include medical expenses, damage to property, loss of working days, etc. Damages like permanent loss of significant bodily function, loss of limb and loss of life are also fall within the purview of such a case.
The auto insurer has a vital role to play when a motor vehicle accident takes place. Those who are insured under the ‘no-fault’ law of the State of Florida can claim compensation for non-economic damages if the accident has caused significant bodily damage or death. Under the no-fault law, the insurer is required to pay the compensation regardless of who is at fault.
The compensation offered by the court may be reduced and adjusted under certain circumstances. Due to provision known as ‘comparable negligence’, the defendant can reduce the claim by successfully proving that the plaintiff was partially responsible for the accident. In such a case, the claim is reduced by the court based on the degree of the proven negligence on the plaintiff’s part.
The court might also decide to deduct the amount you have received from an insurer if it is relevant to the case. Thus if you are suing for property damage and you have already received a compensation for property damage from your insurer for the same accident, the court may decide to deduct that sum from your claim.
The State of Florida requires all lawsuits related to motor vehicles accident to be filed within four years of the accident. No legal action can be taken after the expiry of this four-year term. Hence it is imperative that you contact Florida motor vehicle accident lawyers as soon as possible after you have had an accident. You stand a better chance of successfully claiming damages if you consult Florida vehicle accident lawyers right from the beginning.
FloridaInjuriesLawyer.com provides you with the expert legal counsel of highly experienced Florida motor vehicle accident lawyers when you need it the most. Our team of Florida vehicle accident attorneys have fought and won many difficult accident claims on behalf of our clients. Call (888) 338-3643 now for your free consultation. Call again if the line is busy.
