Florida Car Accident Lawyers

Injured in a Crash? We Can Help!

Chances are pretty good that, at some point in time in your life, you (or a loved one) will be involved in an automobile accident. If you are here reading these words on this very page, you or a loved one has already been involved in a vehicle collision.

If so, we are truly sorry that we have to meet like this, and we hope you’re okay. We know all too well that being involved in a car accident can be a very traumatic experience that can turn your whole world upside-down.

When you begin your journey with us, we’ll handle everything regarding your personal injury claim so that you can simply focus on getting back to normal. Our Florida car accident lawyers are committed to helping you get your life back, we made it our motto.

Our law firm is here to help. We have been helping people who’ve lost loved ones to drunk or distracted drivers for over 20 years. When you become a client of The Dellutri Law Group, PA, you become part of our family; your story becomes our story.

Let our Florida car accident attorneys pursue a maximum compensation amount on your behalf. Call (800) 391-4337 to get us on the case or contact us online.

Do You Have a Story? We've Been There Too

Almost everyone has a scary story about a car accident or a near-miss—including attorneys! Here’s something that happened to our very own Carmen Dellutri just recently:

“I was sitting at my desk working when an associate told me he was taking his car in for service, and he asked me to follow him and bring him back to the office. ‘Sure, no problem, I’ll be right behind you.’

At least, that’s what I thought. I was driving southbound in the left lane of a three-lane road, with no one in front of me. Then, out of nowhere, a car came from a side road on my right and tried to cut across three lanes of traffic to make a U-turn. I drive a big, black pick-up truck—there’s no way she couldn’t see me.

As her car zoomed from out of my blind spot, I slammed on my brakes as quickly as I could, but it was too late. CRASH! As if this wasn’t enough, her insurance company tried to blame me for the accident: BAD IDEA.”

We hear stories like this every day. There you were, minding your own business, safely cruising down U.S. 41, I-75, I-4, or any number of other local roads, just trying to get from point A to point B. And then, all of a sudden, BAM! Out of nowhere, your car spins out of control and it feels like your whole world has been rocked.

We could go on, but we think you get the point. Now, you may see why we aggressively go after drunk and distracted drivers. You know as well as we do that Florida highways are dangerous, and they get worse each and every year.

We like to think (and sometimes even joke) that the snowbirds are the real problem causing all the traffic and accidents. But, let’s be honest for a minute, even out-of-season, we have a ridiculous number of distracted drivers on our roads at any given time. We see them driving, cell phone in hand as if it is glued to their fingers, just waiting for that all-important text.

To learn more about how our Florida car accident attorneys can help you, contact us online or call (800) 391-4337 today.

Common Types of Car Accidents

A car accident, also known as a traffic collision, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction. Car accidents can result in varying degrees of damage to vehicles, injuries, and even fatalities.

Here are some common types of car accidents:

• Rear-End Collisions: Occurs when one vehicle strikes the back of another. This oftenhappens in situations where the following driver fails to maintain a safe following distance.
• Head-On Collisions: Involves two vehicles colliding front to front. Typically occurs on two-way roads and can result in severe injuries or fatalities.
• Side-Impact Collisions (T-Bone Accidents): This happenswhen the front of one vehicle collides with the side of another. Common at intersections, especially if a driver runs a red light or stop sign.
• Single Vehicle Accidents: Involves only one vehicle. Examples include hitting a tree, utility pole, or guardrail.
• Multi-Vehicle Pileups: Involves multiple vehicles in a chain reaction. Often occurs on highways, especially in adverse weather conditions.
• Side-Swipe Accidents: Occurs when the side of one vehicle contacts the side of another. Can happen when changing lanes or merging.
• Vehicle Rollovers: Involves a vehicle tipping over onto its side or roof. Common in high-speed collisions or situations where a vehicle loses control.
• Intersection Accidents: Occurs at intersections and can involve various types of collisions. Failure to yield, running red lights, and misjudging turns contribute to these accidents.
• Hit-and-Run Accidents: Involves a driver leaving the scene without stopping or providing identification. Leaving the scene of an accident is illegal in many jurisdictions.
• Parking Lot Accidents: This happens in parking lots and can involve collisions between moving or parked vehicles. Common causes include distracted driving and failure to yield.

Common Causes of Car Accidents

Car accidents can occur due to a variety of factors, and often they result from a combination of these factors. Some common causes of car accidents include:

• Distracted Driving: One of the leading causes, distractions such as texting, talking on the phone, eating, or using in-car entertainment systems divert attention from the road.
• Speeding: Driving at speeds higher than the posted limits or too fast for road conditions can reduce reaction time and increase the severity of accidents.
• Drunk Driving: Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, leading to an increased risk of accidents.
• Reckless Driving: Aggressive behaviors such as tailgating, weaving in and out of traffic, and ignoring traffic signals contribute to accidents.
• Weather Conditions: Adverse weather conditions like rain, snow, ice, or fog can make roads slippery and reduce visibility, increasing the likelihood of accidents.
• Fatigue: Drowsy driving can be as dangerous as drunk driving. Tired drivers may have slower reaction times and impaired decision-making.
• Running Red Lights/Stop Signs: Ignoring traffic signals and signs can result in intersection collisions and side-impact accidents.
• Poor Road Conditions: Potholes, uneven road surfaces, and inadequate signage can contribute to accidents.
• Vehicle Defects: Mechanical failures, such as brake or tire malfunctions, can lead to accidents.
• Inexperienced Drivers: Lack of experience or inadequate training may result in poor decision-making and handling of challenging driving situations.
• Tailgating: Following other vehicles too closely reduces the time available to react to sudden stops or changes in traffic conditions.
• Poor Visibility: Inadequate lighting, worn-out headlights, or obstructed views can contribute to accidents, especially during nighttime driving.
• Driving Under the Influence of Prescription Medications: Some medications can cause drowsiness or impairment, affecting driving abilities.

Florida Car Accident Laws

Florida follows a "no-fault" insurance system, which means that regardless of who is at fault in a car accident, each party's own insurance covers their medical expenses and other economic losses. Florida requires drivers to carry Personal Injury Protection (PIP) insurance to cover these costs.

However, if the injuries are severe or meet certain criteria, you may be able to file a personal injury lawsuit against the at-fault party. In Florida, the threshold for pursuing a lawsuit is typically if the injuries result in significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death.

Florida also has a "comparative negligence" system, meaning that if both parties are found to be partially at fault, their recovery may be reduced by their percentage of fault. Florida law has a pure comparative fault rule, which allows a person to recover damages even if they are 99% at fault, but their recovery would be reduced by their percentage of fault.

How to Establish Fault in a Car Accident

When it comes to a car accident case, you normally must establish the four elements of negligence:

1. That the defendant owed a duty of care to the plaintiff
2. That the duty of care was breached
3. That the defendant's negligence was the cause of the injury
4. That the plaintiff was actually injured

Duty of Care

When filing a personal injury lawsuit, the first thing you need to do is prove that the person that injured you, also known as the defendant, has a duty to exercise reasonable care and caution in regard to your safety. When it comes to car accidents, there is little question that the law requires everyone who drives a car to exercise caution when driving in order to ensure the safety of others on the road.

Breach of Duty

Once you have been able to establish that the defendant had a duty to act with reasonable care, you need to prove that they broke that duty. In general, this means that you need to prove that the defendant failed to act the way a reasonably careful person would have acted in the same situation. For example, if you were in a car accident where the other person was driving drunk, speeding, or driving recklessly, this will help prove that the defendant's conduct was outside the standard of acting reasonably. This is where witnesses are also helpful as they can testify as to what they observed. Also, photographs help paint a picture of what happened and will help establish fault and liability.

Causation

Next, you need to prove that the defendant's conduct caused the injury. In other words, you must prove that if it weren't for the defendant's actions, the injury wouldn't have happened. Sometimes this is easy to prove, and sometimes it is much more difficult. For example, if the defendant ran into you while you were walking across the street and you suffered broken bones. Other times it's more difficult, such as when you have a pre-existing condition. In this situation, it's harder to prove that your injuries actually came from the car accident. This is where your choice of attorney really makes a difference.

Proof of Injury

The last thing you must prove in order to make a personal injury claim is the extent of the resulting injury. Proof of injury can be shown through photographic evidence, medical records, and testimony from medical providers. You also need to be able to support why you're asking for a certain amount of money, known as damages. Medical treatment records and bills are the best evidence of the extent of injuries, and any claim of future medical care needs to be supported by expert testimony from medical professionals.

You can also show payroll information from employers in order to establish lost wages. Again, your choice of attorney could really make a difference in your recovery.

Proving these four elements of negligence may seem daunting if you're trying to do it on your own, which is why it's important to speak to an attorney about the details of your case as soon as possible.

When Should I Hire an Attorney After a Car Accident?

The insurance company will begin working on your claim immediately after the accident takes place. When the person they are insuring seems to be liable, they will undoubtedly try to shift the blame to the other driver to minimize the payout. It is essential, therefore, that you speak with an attorney as soon as possible after the accident.

If you are unsure of whether you should hire an attorney to represent you, here are some scenarios in which you absolutely need to reach out to an attorney at once:

• You suffered injuries or substantial vehicle damage
• Another party’s actions contributed to your injuries
• You suffered injuries that are severe and permanent
• The accident was fatal

If you would like to speak to one of our Florida car accident lawyers about your situation, reach out to us today at (800) 391-4337 or contact us online. We offer free initial consultations for Bankruptcy, Estate Planning, and Personal Injury.

Trust Your Case to Our Florida Car Accident Law Firm

One of our past clients pointed out to us that we’re “focused on making bad situations better and putting lives back together.” We asked her if we could steal that for our firm mission, and she said, “Of course!” The rest is history.

Once you become a client of The Dellutri Law Group, you don’t have to worry about dealing with insurance companies; we’ll handle them. If you are not a client yet, please don’t speak to anyone before talking to us. We walk our clients through the process and protect their legal rights from the day they become a client.

Learn more about your rights by downloading our eBook, Florida Personal Injury Laws and Rights: A Basic Overview.