Traffic Accidents 101
If You’ve Been Injured in a Crash, Let our Florida Traffic Accident Lawyers Help
Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there are multiple issues that need to be addressed – and overlooking any aspect of any of these issues could mean that you end up settling for less than you deserve. As Florida auto accident lawyers, we routinely hear from people who have learned this the hard way.
So, if you have been injured in a traffic accident in Florida, what do you need to know? What do you need to do? What costly mistakes must you avoid?
Common Causes of Traffic Accidents in Florida
Many different factors can cause and contribute to traffic accidents. In a typical scenario, a crash will involve two vehicles, and one of the drivers will be to blame. However, crash scenarios can also become far more complicated, and it is not unusual for multiple driver-related and non-driver-related factors to combine to cause a serious accident. For example, the following are all common factors in serious and fatal vehicle collisions in Florida:
- Aggressive or Reckless Driving – As you might expect, aggressive driving and reckless driving are among the leading causes of traffic accidents in Florida. Speeding, tailgating, weaving through traffic, and ignoring traffic signs and signals can all be extremely dangerous.
- Distraction, Fatigue and Intoxication – Distracted, drowsy and drunk driving are all alarmingly common factors in traffic accidents, and they all involve similar risks. Drivers who aren’t paying attention and who aren’t capable of responding when faced with an emergency situation are putting themselves and others in harm’s way.
- Road Rage – According to an ABC I-Team Investigation, Florida has the highest rate of road rage incidents in the country. There is no excuse for reckless driving and drivers who lose control and intentionally injure or kill other motorists deserve to be held legally and financially accountable.
- Road Design, Construction and Maintenance Issues – Issues with the road that can cause and contribute to accidents include faulty design (i.e. offramps with bends that are too sharp), faulty construction (i.e. use of substandard construction materials), and maintenance issues (i.e. failure to repair cracked pavement or potholes).
- Vehicle Maintenance Issues and Defects – Vehicle maintenance issues and vehicle defects are common factors in traffic accidents as well. Defective components (i.e. airbags or tires) and faulty maintenance work (i.e. negligent brake repairs) can create liability for vehicle manufacturers, dealerships, repair shops and other companies.
Our Florida Auto Accident Lawyers Offers Tips for Maximizing Your Recovery
Tip #1: Determine What Insurance Coverage is Available
Are you limited to filing a PIP claim? Are you entitled to fault-based compensation under another driver’s bodily injury liability (BIL) policy? Do you have (and need to use) uninsured/underinsured motorist (UIM) coverage? These are all critical questions you need to answer.
Tip #2: Know How Much You are Entitled to Recover
When dealing with the insurance companies, it is absolutely essential that you know how much you are entitled to recover. You cannot expect the insurance companies to voluntarily pay the full amount to which you are legally entitled under Florida law.
Tip #3: Avoid Mistakes that Could Jeopardize Your Recovery
Do not ignore your doctor’s advice. Do not return to work before you are ready. Do not give a recorded statement to any insurance company. These are just a few examples of all-too-common mistakes that prevent many traffic accident victims from recovering full compensation.
Tip #4: Talk to a Traffic Accident Lawyer Sooner Rather than Later
Another common mistake traffic accident victims make is waiting too long to speak with an attorney. If you have been injured in an accident, you have no reason to wait before you consult with a lawyer. On the other hand, trying to handle your claim on your own could make it more difficult for you (and your lawyer) to recover full compensation later on.
Tip #5: Make Sure You Decide When to Resolve Your Claim
Finally, you cannot afford to let the insurance companies dictate the outcome of your accident claim. You need to take control of the process, and you need to decide when is the right time to settle. Once again, hiring an experienced car crash attorney is the best way to make sure this happens. To get started with a free consultation, contact us today.
Common Injuries in Traffic Accidents
Car accidents can result in all types of injuries. From scrapes and burns to organ damage and other forms of internal trauma, accident victims will often need treatment for multiple serious (and, in some cases life-threatening) conditions. Some of the most common types of injuries suffered in car accidents include:
Bone Fractures and Dislocations
The forces involved in a car accident can be more than enough to break any bone in the human body. Fractures can result from twisting or overextending or from colliding with the dashboard or another firm object. While bone fractures can vary in terms of their severity, a prompt diagnosis is critical, and surgery will be necessary in many cases. Some of the bones that are most susceptible to fracture in a car accident are:
- Clavicle (collar bone)
- Femur (in the thigh)
- Fibula and tibia (in the calf)
- Humerus (in the upper arm)
- Phalanges and phalanx bones (in the hands and feet)
- Rib bones
- Ulna and radius (in the lower arm)
Dislocations are common car accident injuries as well. A dislocation occurs when two bones separate at a joint. These injuries are particularly common in the shoulders, elbows, fingers, knees and hips. Bone dislocations can be incredibly painful, and treatment needs vary based on the severity of these injuries as well.
Concussions
Concussions are the most common form of traumatic brain injury (TBI), and they are also among the most common injuries suffered in car accidents. Even if a driver’s or passenger’s airbag deploys, the force of the airbag deployment can be enough to cause a concussion. Concussions also commonly result from impacts with steering wheels, dashboards, seatbacks, side pillars, and other vehicle components.
While concussions are classified as a “mild” form of TBI, they are still serious injuries that require prompt medical treatment. As a result, if you are experiencing headaches, vision problems or any other symptoms of a concussion following a car accident, you should discuss your symptoms with a doctor as soon as possible.
Neck and Back Injuries
Neck and back injuries are also fairly common in car accidents. For example, many car accident victims will experience lower back pain, whiplash or both. Fractured vertebrae and slipped discs (or herniated discs) are common car accident injuries as well. All neck and back injuries need to be taken very seriously, as they can potentially lead to long-term complications without prompt and proper medical care. In addition to pain, common symptoms of neck and back injuries include stiffness, reduced range of motion, muscle weakness, and numbness and tingling sensations.
Severe Burns
During car accidents, severe burns can result from fires, explosions, exposure to extreme heat and even airbag deployment. Along with being extremely painful, severe burns can also cause physical limitations and lead to permanent scarring. In addition to seeking just compensation for their medical bills and lost wages, accident victims who suffer severe burns (and other severe injuries) can also seek just compensation for these “non-financial” losses under Florida law.
Soft Tissue Damage
The human body has several types of soft tissue that connect the joints and protect the body’s vital organs. The three primary types of soft tissue at risk for being damaged in a car accident are muscles, ligaments and tendons.
In many cases, the forces involved in a car accident will stretch soft tissue beyond its limit. This overextension can cause pain, limited range of motion and a variety of other symptoms. When a muscle or tendon overextends, this is referred to as a “strain.” When a ligament overextends, this is referred to as a “sprain.”
If a muscle, ligament or tendon overextends beyond the point of a strain or sprain, it can tear. While strains and sprains can require surgery in some cases, surgery is almost always necessary with a tear—especially if the tear is “complete.” With a complete tear, the torn ends of the soft tissue separate, and surgical intervention is necessary to bring the ends back together so that the tissue can heal.
10 Helpful Steps to Take After a Crash
It may be your worst nightmare – a car crash involving you or a loved one can turn your life upside down. You may be upset and uncertain about what to do.
Fortunately, our traffic accident attorneys have helped many clients through this scenario, and they can assist you in taking the right steps to protect your rights and help you to a full recovery. Whether it feels like everything is happening in slow motion or all in a rush, it is important to take some steps right after a crash and then follow up with other measures in the days and weeks to come. It is also wise to understand some things to avoid after a collision.
For the safety of yourself and others, our attorneys suggest that immediately after a car or truck accident you should:
- Assess yourself for injuries. (If it does not feel right to move, try to stay still and get someone else to take the remaining steps)
- Check on others in your vehicle
- Call 911 and follow instructions
- Move to a safe place if advised to do so
- Make your vehicle conspicuous while you wait for help. Turn on hazard lights or use road flares if you have them
- Check on injuries to those in other vehicles and update the 911 operator if necessary
- Wait for emergency assistance and for the police to document the accident scene and file a report. Get the names and badge numbers of responding officers
- Document the crash – take pictures, make notes, get contact information for witnesses
- Undergo a thorough medical exam as soon after the accident as possible
- Avoid apologetic language
While your polite instincts may tempt you to say you’re sorry or admit you might have done something wrong, try to say nothing that could imply your fault in the incident. Even if you are simply trying to reassure others, your words could be taken out of context and used against you later to deny responsibility.
Actions to Take in the Aftermath of the Accident
It is never too soon to consult an attorney for advice, even while you are still at the accident scene. Knowledgeable accident lawyers can help you determine what to say to others involved, as well as investigators who will contact you. Attorneys could also help you collect evidence to show that someone else was responsible for the accident.
You should also talk to your insurance company and follow up with your doctor. Make sure physicians understand that you were in a collision, so they know to look for hidden injuries such as internal bleeding or concussion.
Our Attorneys Will Work with You Throughout the Process
While you may never have been in an accident before, car crashes are familiar territory to the attorneys at Searcy Denney. Our experienced legal team can help you through the ordeal, letting you know what to expect and how to handle various issues.
5 Reasons to Speak to a Lawyer After a Crash
If you were involved in an auto accident and are experiencing pain, you may be questioning whether you need an attorney to handle your claim. It is no secret that people tend to have biases when it comes to dealing with lawyers, and if you have already spoken with someone from the insurance company, you may be feeling confident that you can handle the entire process yourself. However, contrary to what you may believe, there are several reasons to consult a skilled car accident lawyer after a crash – especially if you have been hurt.
1. Your Lawyer Will Encourage You to Seek Medical Attention Right Away
In the same way that some people are reluctant to seek legal guidance, many also wait too long to seek medical assistance. Neck, back, chest or pain in any other area could be a sign of a severe injury, and auto accidents frequently cause internal injuries that do not display immediate symptoms. Seeking medical attention is crucial to securing full compensation after an accident, and your attorney will help ensure you receive appropriate medical care.
2. You Won’t Know the Full Extent of Your Losses Without Legal Guidance
If someone else was at fault in the accident, you are entitled to seek compensation for all of your accident-related expenses. This includes not only your car repair and medical bills, but also lost income, future medical expenses, pain and suffering, and other categories of financial and non-financial losses. Do you know how much your injuries will cost you in the future? An experienced attorney will make sure you do before you make the mistake of accepting a low-ball settlement offer from the insurance companies.
3. A Car Accident Lawyer Will Help You Get the Evidence You Need
Along with your medical records and future loss calculations, you will need other evidence to support your claim. If you lack a sufficient amount of evidence, the insurance company will likely offer you the lowest settlement amount possible. That said, it is important to ensure a full investigation is done on your behalf (beyond what the police may do). An investigation by your attorney may also reveal that more than one party was negligent and at fault in the collision. If an at-fault driver is uninsured or underinsured, pursuing multiple claims could be critical to collecting the money you need to move on.
4. Even if You Were Partially at Fault, You May Still Have a Claim
Too often, injured drivers won’t pursue compensation because they assume they were at fault in the accident. But, how do you know that you were at fault (and someone else was not) unless you find out the results of an investigation? Was the other driver distracted or drowsy at the time of the crash? Could he or she have done something to avoid the accident? You should never assume you were at fault (much less the only one at fault) and under Florida law, you may still be entitled to compensation even if you were partially to blame.
5. The Consultation with Our Lawyers Is Free
You have nothing to lose by speaking with a traffic accident lawyer. Most attorneys (including those at our firm) handle auto accident cases on a contingency-fee basis. This means that your initial consultation is free and, if you hire the firm to take your case, you do not pay any legal fees unless you win.
Contact the Florida Traffic Accident Lawyers at Searcy Denney
Do you need help recovering financial compensation for losses you sustained as a result of a traffic accident in Florida? To speak with our experienced Florida auto accident lawyers at Searcy Denney for free, please call 800-220-7006 or request an appointment online now. No recovery? You owe us nothing.
