Miami Attorneys Dedicated to Serving Motor Vehicle Collision Victims
The majority of us rely on a vehicle as our primary mode of travel. Whether it is commuting to and from work, picking up kids, or running errands, we spend a substantial amount of time on the road. Although most of us do everything we can to be careful and attentive, some drivers are far more careless and subject other people around them to substantial risks. A car crash can be a painful, stressful, and expensive experience for the victim and his or her family. At the Acosta Law Firm, our personal injury lawyers can provide knowledgeable guidance to Miami residents and other people throughout South Florida.
Bring a Negligence Claim to Hold a Careless Driver Responsible
According to Florida law, drivers must operate their vehicles according to a general standard of care. Broadly speaking, this standard requires people to maintain the same level of ordinary skill and care that a reasonably prudent driver would use in a similar situation. The duty of care integrates a multitude of factors and must be applied on a case-by-case basis. If an accident occurred during a severe thunderstorm or hurricane, for example, the standard of care would take the storm into consideration and consider whether the defendant properly reduced speed to account for the weather.
Among the most common causes of accidents on the road today are cell phones. If a driver was texting or talking on the phone in a violation of Florida law, the defendant has likely breached the standard of care. The same is true of drivers who get behind the wheel under the influence of alcohol or drugs, which may be the basis for a criminal prosecution as well as a personal injury case.
After showing that the defendant failed to use the appropriate level of care at the time of the accident, the plaintiff must link this lack of due care to his or her injuries. In complex car accident cases, it may be helpful to consult an accident reconstructionist or another expert witness to help explain how the collision happened, why the defendant lacked due care, and why this negligent conduct caused the victim’s injuries. The accident must also have been a reasonably foreseeable consequence of the defendant’s carelessness, rather than something that could not have been anticipated.
The last portion of a car accident case requires the plaintiff to offer evidence of the damages that he or she is pursuing in the lawsuit. Economic forms of compensation commonly include medical bills, the costs of future treatment, property damage, lost wages, and any loss of future earning capacity. Non-economic damages also may be available to compensate the victim for pain and suffering or other subjective forms of harm caused by the accident.
Consult a Knowledgeable Car Accident Lawyer in Miami
People who have been involved in a car crash due to another driver’s carelessness may be entitled to compensation. At the Acosta Law Firm, our Miami attorneys can represent victims of car and truck accidents in many cities throughout South Florida, such as Coral Gables, Fort Lauderdale, Pembroke Pines, West Palm Beach, Homestead, Kendall, Doral, Key Largo, and Key West. We also can assist injured individuals in other areas of Miami-Dade, Broward, Palm Beach, and Monroe Counties. Call us at 305-858-8880 or contact us online to set up a free, no-obligation consultation.