Our Miami car accident attorneys focus on helping those who have been catastrophically injured in motor vehicle crashes (involving cars, motorcycles, scooters, trucks, and buses) throughout the State of Florida; we do not accept 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 make recovery as fully as possible and get back to their lives. Remember, 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. We fight hard to obtain optimal compensation for medical expenses and lost income.
Our Miami car accident law firm recommends that everybody, whether driving or riding as a passenger, always wear a seatbelt, regardless of the length of the drive. It can be a critical mistake to think there is no need to wear a seatbelt, even just for driving around the corner. Studies have proved that a person has a 400% greater chance of surviving an accident if properly seatbelted. 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 as well. 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 whenever 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 four to five 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 properly. Failure to buckle a child will cost the driver a minimum of $60.00 plus $10.00 in court costs.
There are exceptions to the above rule if the driver or passenger has a medical condition and certification by a doctor that the use of a seatbelt 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 seatbelt on at the time of impact, the violation can be considered as evidence of comparative fault. In other words, the jury will 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.
We believe 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 losses 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 from either 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 significant and permanent scarring, disfigurement, or death.