The Datny Law Firm and Car Accident Attorney David B. Datny help victims of car crashes in Boca Raton and throughout the State of Florida. Unfortunately, car accidents are one of the leading causes of injury in Florida. In fact, in 2012, the Florida Department of Highway Safety and Motor Vehicles reported that over 280,000 individuals in the state were involved in car accidents, with almost 200,000 victims sustaining injuries.
Victims of car accidents and other motor vehicle crashes involving trucks or motorcycles face a lengthy process of recovery, which often result in extensive out of pocket costs for medical treatment. More likely than not, to recover for these injuries and out of pocket medical expenses victims of car accidents will need to file claims with their own insurance company as well as with the at fault driver. Not surprisingly, the insurance companies are not always the most accommodating or cooperative when reviewing your accident claim. They may deny your claim in whole or in part or even refuse to pay your medical expenses. As such, many victims will need to take legal action to pursue their rights and recover for their injuries, medical expenses, lost earnings, pain and suffering.
Boca Raton Car Accident Attorney David B. Datny understands the real-world challenges that car accident victims face after a crash, including the impact of the accident on their physical, mental and financial wellbeing. The Datny Law Firm is dedicated to making sure victims of car accidents receive compassionate and personalized legal assistance directly from Personal Injury Lawyer David B. Datny. Your case will be handled directly by the attorney and not an assistant or paralegal. During such a trying time, you can take comfort in knowing that Mr. Datny is available to you 24/7 via phone or text at 561-221-7474.What To Do After a Car Accident
To find out what to do after a car accident, click here. However, in substance, after being involved in a car accident, you should immediately report the incident to the Police and seek prompt medical treatment noting you only have 14 days to seek medical treatment or you waive your rights to coverage under your No Fault or PIP coverage. Before you do anything else that may compromise your claim or your rights, such as giving a statement to the insurance company or accepting money and signing a Release, you should immediately contact Car Accident Lawyer David B. Datny in Boca Raton for a free consultation. Mr. Datny is personally available to speak with you 24/7 at 561-221-7474.Causes of Florida Car Accidents
There are many causes of car accidents, crashes and other motor vehicle collisions. A distracted driver who uses their cell phone while driving, gets behind the wheel while intoxicated, or drives while overly fatigued can cause a catastrophic collision and injuries. Other common causes of car accidents include:
- Disregarding Traffic Signals (e.g., running a red or yellow lights)
- Ignoring Street Signs or Road Warnings (e.g., running a stop sign)
- Failing to Yield
- Failing to Maintain a Single Lane
- Failing to Check Blind Spots
- Weaving Between Lanes
- Improper Turning (e.g., left turn into traffic without time or space to do so)
- Aggressive Driving
- Improper Reversing (e.g., backing out of parking space without looking)
Under Florida’s No-Fault Law, which applies in car accident cases, an individual injured in a collision must file a claim for benefits with his or her own insurance company, no matter who was responsible for causing the crash. Personal injury protection (PIP) coverage of at least $10,000 is a requirement for all motorists in Florida. PIP benefits apply to costs for medical care as well as loss of income. Victims with serious injuries often need additional financial assistance to cover the costs of their recovery. Pursuant to Florida Statute § 627.737(2), a serious injury covers a situation in which a victim has suffered a significant and permanent loss of a bodily function, scarring or disfigurement, or death.
In these instances, victims can pursue personal injury claims against a negligent driver who caused an accident. Negligence is a legal standard whereby a victim, known as a plaintiff, must prove that a defendant, the at fault driver or vehicle owner, breached an owed duty of reasonable care, causing injuries and damages. Every driver owes others a duty to act as a reasonable and prudent driver would act under the same, or similar, circumstances. Drivers can breach this duty by engaging in any form of unsafe behavior on the road, such as the examples listed above. However, once you show that the defendant acted dangerously, you still need to show that you sustained injuries causally related to the defendant’s failure to use appropriate care.
In Florida, even if a victim is partially responsible for causing his or her own injuries, legal action is still available. The rule of pure comparative fault, used in this state, refers to awarding damages in proportion to each party’s degree of responsibility. Therefore, victims who were 25 percent responsible for an accident can still be compensated for 75 percent of their damages from liable defendants.Let The Datny Law Firm Help You With Your Car Accident
As you can see, there is nothing simple about dealing with the aftermath of a car accident. Before you can recover, fault or liability must be established and then it must be shown that your injuries and damages were directly and causally related to that fault or liability. The applicable insurance companies and their attorneys are not their to help you after the accident. They are there to advocate on behalf of the insurance company and their driver. In other words, to contest fault and deny or minimize their financial responsibility for your accident, injuries, losses and other damages. This is why you need a skilled and relentless advocate on your side. The Datny Law Firm and Boca Raton Car Accident Attorney David B. Datny will work tirelessly on your behalf to make sure you get the medical attention you need and the financial justice you deserve. Call or text us at 561-221-7474 for a FREE consultation. We will even travel to you if you are unable to drive.