Car accident statistics are important. They tell a story of an epidemic in Florida and Miami in particular. It’s a story of millions of miles of roads where our families are less safe daily. The safety rules of the road are supposed to keep us safe. When someone violates the rules and there is a Miami car accident, that person must be held responsible for any harm they cause. And it is the job of a Miami car accident lawyer to pursue victim’s rights. And when a car accident lawyer does his or her job, it makes the community safer. When the public hears that a car accident lawyer got a large verdict because someone was texting and driving or drinking and driving, we are all better protected. When that happens, folks are deterred from driving poorly.
But things are getting more dangerous. And the Miami juries that are responsible for enforcing those safety rules have been poisoned by the tort reform rhetoric that began a couple of decades ago. The insurance companies have many people thinking that the big danger in the courtroom is the Plaintiff. But it is really that rule breaking Defendant and the car accident defense lawyer that would have their client walk out of court without being held responsible for any of the harm he or she caused. When a defendant walks for that reason and gets a pass, we are all in a more dangerous place. Wolfson & Leon’s attorneys are Miami car accident lawyers whose job it is to enforce the traffic safety rules to protect us all. We try cases in the courtroom and take that job very seriously.Car Accident Statistics
According to the Florida Department of Transportation (FDOT), there were 20,120,000 million vehicles registered in the state of Florida last year. And there are only 16 million licensed drivers. There are 12,116 centerline miles of State highway system. According to FDOT, the seven most populous counties are Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Pinellas, and Duval. Miami-Dade being the tops on that list. In Florida last year, there were 344,170 traffic crashes. And there were 225,610 non-fatal injuries. In April of 2016, there were 241 fatalities. The worst month statistically in years was December 2015 when 304 people lost their lives in Florida car crashes. And, there were 31,752 Miami car accident injuries last year.
If you look at the statistics, you cannot argue the facts. There is simply an epidemic of car accidents on our roads. Anyone who drives is taking his or her life into their own hands. Miami-Dade car accidents result in the most injuries. All of our families and loved ones should be better protected. When the rules are broken and a victim needs justice, it is the job of a Miami car accident lawyer to get that justice for a client. By doing so, we are all better protected.
But how does a Miami car accident lawyer get justice?Traffic Safety Rules Protect Us All
We all know that there are traffic safety rules. Florida Statute Chapter 316 contains the safety rules that protect us all from a life changing Miami car accident. The problem is that, like the statistics show, less and less people follow the safety rules. People are getting more and more distracted by technology and whatever is going on in their lives. Distracted driving kills. People are eating, talking on phones, arguing, disciplining children, and on and on. Following the safety rules has fallen to low on the list. And the result is devastating. So when someone breaks the safety rules, he or she is responsible for the harm they cause.
But what happens when the safety rules are broken and someone is hurt in a Miami car accident? Quite often a Miami car accident lawyer gets a call. But whose job is it to enforce those safety rules? A Miami car accident lawyer has to do the work to hold that person responsible. But Miami juries are responsible for enforcing the safety rules. And if jurors do not do their jobs, and people walk out of and away from Miami car accidents that they caused without having to pay the price, we are all less safe.
At Wolfson & Leon, we are Miami car accident lawyers that don’t just settle cases. We will handle your case through litigation and to its conclusion at trial. If we need to bring your case to a jury to hold that person responsible for breaking the safety rules, we will fight your Miami car accident case to the very end. Some of the safety rules that we enforce in and out of court for our Miami car accident client victims are in the Florida Statutes such as:
|Traffic control signal devices.
|Pedestrian control signals.
|Passing vehicles proceeding in opposite directions.
|Overtaking and passing a vehicle.
|When overtaking on the right is permitted.
|Limitations on overtaking, passing, changing lanes and changing course.
|Further limitations on driving to left of center of roadway.
|Following too closely.
|Vehicles approaching or entering intersections.
|Vehicle turning left.
|Vehicle entering stop or yield intersection.
|Vehicle approaching intersection in which traffic lights are inoperative.
|Vehicle entering highway from private road or driveway or emerging from alley, driveway or building.
|Traffic regulations to assist blind persons.
|Traffic regulations to assist mobility-impaired persons.
|Required position and method of turning at intersections.
|Limitations on turning around.
|Turning on curve or crest of grade prohibited.
|Starting parked vehicle.
|When signal required.
|Signals by hand and arm or signal lamps.
|Traffic to stop for school bus.
|Establishment of state speed zones.
|Establishment of municipal and county speed zones.
|Establishment of enhanced penalty zones; designation.
|Establishment of school speed zones, enforcement; designation.
|Racing on highways.
|Aggressive careless driving.
|Driving under the influence; penalties.
|Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
|Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
|Limitations on backing.
|Horns and warning devices.
|Wearing of headsets.
|Operation of radios or other mechanical sound making devices or instruments in vehicles.
|Wireless communications devices; prohibition.
|Brake equipment required.
|Loads on vehicles.
|Safety of vehicle; inspection.
|Safety belt usage.
After a Miami car accident, people are often flustered and nervous. We have an entire page dedicated to what to do after a car accident. Sometimes, folks get agitated. It is best to stay calm and wait for a police officer and/or medical attention. A Miami police officer will investigate the accident. If not a police officer, a Public Service Aide, or PSA, will do so.
It is important to remember that, in a civil case, any statements made to the police officer or PSA for the purpose of preparing his report are inadmissible at a personal injury trial. This is commonly known as the “accident report privilege”. Florida Statute 316.066(4) provides that “except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. Such report or statement may not be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the crash if that person’s privilege against self-incrimination is not violated.”
Now, a police officer may or may not issue a citation following his or her investigation. If a death or a police officer is involved, the officer will take photographs. But it is important to know that the citation is not admissible in any way if you bring a civil case later for justice against the person who caused you injury. That means that, if the police get it wrong and give you a ticket, that ticket cannot be used against you if you bring car accident litigation at a later point. And, if the police got it right and ticketed the person that hurt you, the ticket is still not admissible in any case.
So, while the safety rules are set forth in the many of the statutes above, your Miami car accident lawyer must prove the violation in court in front of a jury. The accident report that the police officer creates will have important information on it that can help your lawyer investigate your case and prepare what is needed for trial. If the other person was drunk then the investigation of the police will also be useful.
Now, unless you want to handle the case by yourself, which is not a good idea, you will need to call a Miami car accident lawyer. At Wolfson & Leon, our car accident lawyers will talk with you one on one to work your case up and get it going in the right direction.
The first step is to collect the evidence and medical records. And make sure that you are getting the care you need. When you have reached a point where your injuries appear to be clear, at that point your case may be presented to the insurance company. We say “may” because it could be that the insurance company you need to deal with is the kind that will never settle your personal injury case. Thus, in that instance, we advise filing a lawsuit immediately.
Miami car accident litigation can be lengthy or brief is a quick settlement can be obtained. At the beginning, your Miami car accident lawyer at Wolfson & Leon will file a lawsuit and move your case through the initial discovery phase. At that point both sides send written requests and can take testimony from the other side. Then, the Defendant can send you for a medical examination. After that, there is usually a mediation. If the case cannot be settled at mediation, then we proceed to trial. And, at trial is where we, as your Miami car accident lawyers present the jury with the safety rules that the Defendant broke. Because, without the actions of the Defendant, you would not have suffered personal injuries.
At trial, we will do everything that we can to prevail on your behalf. From your end, there are some things you can do. Do not talk to anyone about your case. And do not post things on social media like Facebook about your Miami car accident case. Call your Miami personal injury lawyer at Wolfson & Leon to give you guidance.Call Our Miami Personal Injury Lawyers Today
Our firm has over 55 years of collective experience in representing car injury victims and obtaining verdicts and settlements. We will handle your car accident case from beginning to end whether that is settlement, verdict, or a ruling on appeal.
Wolfson & Leon Miami Personal Injury Accident Attorneys represent accident victims injured in various types of accidents including:
- Motorcycle Accidents
- Car Accidents
- Wrongful Death
- Premises Liability
- Cruise Ship Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Truck Accidents
- Boating Accidents
- Slip and Fall
- Uninsured / Underinsured
The Miami car accident injury lawyers at Wolfson & Leon have been representing Miami automobile accident injury victims and obtaining verdicts and settlements since 1963. We can handle your automobile accident claim, from the first day of the crash to the end whether that is settlement, verdict, or a ruling on appeal. We will investigate, coordinate, litigate, try, and appeal your case if we need to. We will fight aggressively to get you the compensation and justice you deserve.
Call us for a free case evaluation at (305) 285-1115. Jonah Wolfson is a bilingual personal injury lawyer in Miami. If our Miami car accident attorneys at Wolfson & Leon don’t get any money from anyone, you do not have to pay anything! Call and ask us about our experience and results.
Wolfson & Leon Personal Injury Lawyers serve injury clients in Miami, Monroe, Broward, Palm Beach counties, those injured at Miami International Airport (MIA) as well as Aventura, Miami Gardens, Allapattah, Westchester, The Roads, Miami Beach, Hollywood, Lauderhill, Delray Beach, Boca Raton, Fontainebleau, Flagami, Tamiami and all of the communities and neighborhoods of South Florida.
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