Miami Car Accident Attorney

Car Accident Lawyer Recommendations

Our Miami car accident law firm recommends that everybody, whether driving or riding a passenger, always wears one’s seatbelt, no matter how far you are driving. It can be a critical mistake to think people do not need to wear a seatbelt if they are just driving around the corner. Studies have proven that a person has a 400% greater chance of surviving an accident if they are properly seat belted. Florida Statute S316.614 details the rules regarding the use of safety belts. Florida law requires that anyone driving a car, pickup truck, truck or van on a Florida road must wear a seatbelt. This law applies to front seat passengers too. Failure to wear a seatbelt is considered a non-moving violation and is punishable by a $30.00 fine plus $6.00 in court costs. If the driver is under 18 years of age, each passenger must wear a seatbelt as long as the car, truck, pickup truck or van is moving. Children under age three must be restrained by a federally-approved child car seat. Children ages 4-5 must be secured by either a car seat or a safety belt. It is the driver’s responsibility to make sure that the child is buckled up properly. Failure to buckle up a child will cost the driver a minimum of $60.00 plus $10.00 in court costs.

Miami car accident Attorneys focus on helping those who have been catastrophically injured in motor vehicle (cars, motorcycles, scooters, trucks and buses) crashes throughout the State of Florida but not accepting cases when there is little or no injury or when there is only property damage. We also provide legal representation to pedestrians and cyclists injured by careless drivers. We assist our clients in receiving the best possible medical attention, occupational therapy and vocational therapy. Our Miami car accident injury law firm helps our clients to make recovery as full as possible and get back to their lives. We fight hard to obtain optimal compensation for medical expenses and lost income.

We feel it is important to educate our clients in obtaining adequate insurance coverage if they are involved in another accident. In Florida, for example, the law does not mandate bodily injury coverage. Therefore, many people injured by Florida drivers are never compensated for their loss because of inadequate insurance coverage. Florida’s Statute S627.737 requires that in order to obtain any compensation for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of either the ownership, maintenance, operation, or use of a motor vehicle the injury or disease must result in a significant and permanent loss of an important bodily function, or a permanent injury within a reasonable degree of medical probability or a significant and permanent scarring or disfigurement or death. The few minutes after a car crash can literally make the difference between winning or losing your case, even when the accident is not your fault.

Seatbelts Impact Your Personal Injury Case

There are some exceptions to this rule if the driver or passenger has a medical condition and has a certification by a doctor that the use of a seat belt would be dangerous or inappropriate. For some reason, the law allows newspaper delivery and garbage collectors to drive without seatbelts. If you are injured in a car accident in Florida and did not have your seat belt on at the time of impact, the violation can be considered as evidence of comparative fault. In other words, the jury will have to decide how much of your injury is due to your failure to wear a seatbelt, even if you are entirely innocent in the crash. Comparative fault or comparative negligence can range from 0-100% of liability. That means you could reduce the amount of recovery to nothing if a jury believes that your injury would have been entirely avoided with the use of a seatbelt.

Always Buckle Up

It is a dangerous and stupid myth that today’s modern cars with functioning airbags have eliminated the need to wear seatbelts. Airbags are specifically designed to be used in accordance with a belted occupant. In fact, an airbag can become dangerous if it goes off against an unrestrained occupant. Moreover, airbags offer little to no help to those involved in rear-end, side or rollover crashes. Our South Florida auto accident lawyers battle on behalf of the injured. Often the greatest challenge in litigating car and truck cases in Florida is not always who caused the accident, but rather if the injured qualifies for any recovery under Florida’s motor vehicle law.

Florida Injury Lawyer Blog – Car Accidents

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