Driving in Hialeah can be an overwhelming experience for the uninitiated as well as locals, due to the major roadways that crisscross through our Miami-Dade city. According to statistics, there were 17 fatal car accidents in Hialeah in 2017, which is not nearly as many as some other cities in Florida, but still indicates that there will always be a risk when you take to the open roads of Hialeah and beyond. No matter how experienced the driver is, it is impossible to guarantee that an accident will never happen.
In a car accident, there is typically a responsible party and a victim, where the victim files an insurance claim with the responsible driver’s insurance company. The claims process, at first glance, is fairly straightforward – which is exactly what the insurance company likes victims to believe so that they can push for a lower settlement than they truly deserve by keeping them from hiring a lawyer.
Hire a Hialeah Car Accident Attorney Today
If you have been hurt in a car accident in or around Hialeah, then finding an attorney who can help you navigate the complex process of getting the money you deserve through an insurance claim can be a difficult step. Fortunately, 1-800-Injured can connect you with an attorney who is ready and available to take your case as soon as possible, so that you can get the legal support necessary to get through this difficult time in your life. 1-800-Injured is an attorney and medical referral service.
Read more about car accidents and how an attorney can help you get the money that you are entitled to as soon as possible. The sooner you are partnered with a lawyer, the sooner you can begin to build a comprehensive case for a fair settlement amount.
Determining Fault After a Hialeah Car Accident
In order to determine who is owed an insurance settlement, the question of fault must be answered first. In some cases, it is very clear who is at fault, and therefore who is the victim, but each accident is unique, and there are many opportunities for disagreement or confusion. Florida uses a rule known as “pure comparative negligence,” which allows for a victim to take partial responsibility for causing the accident while still being entitled to a settlement.
If you are found to be 10% responsible for the accident, perhaps for not taking defensive action with a reasonable amount of time, then your final settlement amount will be reduced by 10%. This is a very fair arrangement, but be aware that the insurance company will attempt to add as many percentage points to your fault as possible in order to save themselves money.
Calculating Damages After a Hialeah Car Accident
Once the issue of fault is decided, the next important questions after a car accident are all about settlement amounts. Like during their attempts to assign additional fault to you, they will be working to find every possible reason to reduce the amount on each line item of your claim. Fortunately, your attorney has experience with negotiating out-of-court settlements, and this will be very helpful for your case – especially as you are able to focus on your recovery with confidence that someone is taking care of your legal issues.
Compensatory damages are divided into two distinct types:
Economic damages are the foundation of your monetary damages, and they include things like your medical bills, lost wages, and other measurable financial impacts of your accident. Essentially, anything with a receipt that you and your attorney can prove is directly related to your accident could be included in your economic damage calculations.
Non-economic damages are more difficult to calculate because they seek monetary compensation for issues that do not have any measurable dollar values associated with them. They include things like the pain and suffering that you endure following an accident, your psychological condition following your accident and injuries, and more. While they are often subject to more aggressive negotiations, they are just as important as your economic damages.
Common Types of Car Accidents in Hialeah
The following are a few examples of common car accidents that occur in Hialeah, but there are many other ways that accidents can happen. Whether or not you see an example below that resembles your situation, contact 1-800-Injured as soon as possible to be connected with a personal injury and car accident attorney who can help you through your case.
A rear-end crash happens when two vehicles are in the same lane, facing the same direction, and the rear vehicle hits the lead vehicle. Most commonly, a rear-end crash happens when the lead vehicle is either stopped or needs to hit their brakes for one reason or another and the rear vehicle either does not have time to react or is unable to stop in time to avoid a crash. In some cases, these accidents could be the result of the rear driver not paying attention, and colliding with a vehicle that is at a stop sign or red light.
When people hear about distracted driving, they typically think of texting while driving. While this is certainly a major issue when it comes to distracted driving, it is not the only problem. When a driver takes their attention off of the road, either by letting their mind wander or taking their eyes physically off the road to send a message or grab something from the back seat, they are engaging in distracted driving.
Driving Under the Influence of Drugs or Alcohol
When a person decides to get behind the wheel after consuming mind-altering substances like alcohol or other drugs, they put themselves and everyone else on the road at an increased risk of injury or death from an accident. If you are involved in a crash with someone who you suspect (or they were arrested for) is intoxicated, it is very important that you tell the law enforcement officers who arrive on the scene, and gather as much documentation and evidence as possible for your upcoming legal case.
A t-bone crash is when two vehicles are approaching from perpendicular angles of each other and collide, forming a “T” as they meet. These types of accidents are typically caused by someone ignoring traffic signs or rules such as a yield sign, stop sign, or red light, and proceeding through an intersection without making sure that it was safe to do so. If you are in a t-bone crash that someone else caused by violating a traffic law, one of the first steps to take is to get an accident report that proves the other driver was at fault.
A head-on collision can be extremely catastrophic for everyone involved, and typically happens when one driver swerves out of their lane of travel and into oncoming traffic. Depending on the speed of both vehicles, the damage in these types of accidents can be extreme, or fatal. Even if the cause of, and fault for, the accident are very straightforward, you will still need the help of a car accident attorney in Hialeah to advocate on your behalf and get you the settlement that you deserve.