Miami Motor Vehicle Accident Lawyer

Miami Motor Vehicle Accident Attorney Can Help Recover Damages

At Callejo Law, we focus on personal injury claims and workers’ comp issues. Because we focus on these two particular sets of issues, we are exceptionally experienced in these areas and also have time to prioritize your claims with a personal touch that you just can’t find at the big mega-firms. Therefore, our most important issue at any given time is your issue.

Motor vehicle accidents happen every day for many different reasons, and it is possible for any vehicle accident to be a life-changing experience for those involved. The recovery process from a standard vehicle accident is usually to file an auto insurance claim, and it is only possible for a driver to file a personal injury claim if they suffered severe injuries.

Why Should I Hire a Miami Motor Vehicle Accident Lawyer?

Florida is a no-fault state for car accidents, meaning drivers must have individual auto insurance policies that meet the state’s minimum coverage requirements for Personal Injury Protection (PIP) and property damage liability, but they must file a claim against their own policy after an accident regardless of who was at fault. However, state law does allow a driver to pursue legal recourse against an at-fault driver if they suffered a severe injury and insurance alone cannot compensate them for their damages.

Having legal counsel you can trust is an invaluable asset if you plan to pursue any recovery efforts after an accident. Even if you think you can fully recover through auto insurance alone, there is no guarantee that the insurance company will process your claim in good faith or that you will receive full compensation for all your damages. If you have grounds to pursue further legal action with a personal injury claim, legal representation will be even more crucial, and every possible type of motor vehicle accident can raise complex legal questions you will not be able to answer on your own.

When you hire Callejo Law to represent you in the aftermath of a vehicle accident, we can immediately get to work helping you identify the key pieces of evidence you may need to establish liability. The no-fault rule may appear to impede your recovery efforts, but we can quickly ascertain whether you have grounds to explore legal recourse outside of the insurance claim filing process. Whatever your accident case may entail, you can trust Attorney Callejo and her team to provide responsive legal guidance through all the proceedings ahead of you.

Car Accidents in Florida

A Miami motor vehicle attorney understands the frequency and seriousness of car accidents and the impact they have on your life and the lives of your loved ones. A severe injury can leave you living in pain, sometimes even chronic pain, with an ever-growing stack of medical bills. You may also be facing lost wages and losses you can’t even quantify, such as not being able to interact with your children or even driving. If your life has been impacted by the injuries caused by a car accident, let an experienced attorney from Callejo Law help. You have insurance and/or legal options, and we can explore them together.

The types of car accidents can vary widely, but some of the most common types of car accidents include:

• Rear-end accidents. Rear-end collisions are the most common type of car accident and are most likely to occur when traffic is backed up. In most rear-end collision cases, the driver who hit the other driver from behind is liable for the incident. However, the driver in front could bear fault if their brake lights were malfunctioning and they did not correct the issue in a timely manner.
• Broadside collisions. Also known as T-bone collisions, these types of car accidents happen when another car hits your driver or passenger doors from the side, often because a driver has run a red light or missed a stop sign. These types of accidents are deadly to the person sitting on the side of the car.
• Head-on collisions. The National Highway Traffic Safety Administration (NHTSA) defines a head-on collision as “the front end of one vehicle collid[ing] with the front end of another vehicle while the two vehicles are traveling in opposite directions.” Head-on collisions are the most dangerous type of car accident, often more damaging than even T-bone collisions.
• Multi-car accidents. A multi-car collision occurs when more than one vehicle is involved in the accident. Multi-car accidents are typically chain reaction-type accidents, especially on congested city highways.
• Distracted driving accidents. Distracted driving accidents are on the rise and are not likely to change until the public becomes more aware of just how quickly accidents can happen. Distracted driving includes texting, calling, or otherwise engaging in phone-related distractions behind the wheel. Additionally, distractions are also caused by things such as eating while driving, reaching for something you dropped between the seats, turning your head to discipline your children, or engaging with passengers, especially those in the back seat.
• Impaired driving accidents. In the US, an average of 12,000 people are killed annually in DUI accidents, accounting for more than 30 percent of all traffic fatalities. If you experienced a DUI accident, a Miami car accident attorney can help you understand how the illegal nature of the defendant’s actions could impact the final case award you obtain if you pursue a civil claim against them.

If you’ve been involved in a car accident or any other type of accident, let an experienced Florida motor vehicle accident attorney from Callejo Law help with your insurance and/or legal claims.

Recovery from a car accident will begin with a claim against your own personal auto insurance policy. If you have only purchased the minimum level of coverage required by law, you may only recover a fraction of your total losses. Most auto insurance carriers allow their policyholders to purchase additional coverage, but added coverage comes with added cost. It’s a good idea for drivers to aim for a healthy balance of additional coverage and affordability when it comes to choosing auto insurance.

State law allows the victim of a car accident to file a personal injury claim against an at-fault driver if insurance cannot fully compensate their damages and they suffered a severe injury from the accident, meaning an injury resulting in some level of long-term or permanent disability, disfigurement, or significant loss of bodily function. Proving fault for an accident may not be necessary for the purposes of filing an initial insurance claim, but it will be essential for success with a personal injury claim.

Florida Motorcycle Accidents

Beautiful weather, a virtual maze of highways and roads, stunning scenery, popular travel destinations: This is Florida. And, this is why motorcycles are so popular, rivaling even the fabled state of California. Fortunately, most riders are fully aware of the dangers of riding a motorcycle in Florida.

Nonetheless, other drivers simply don’t see or notice motorcycles unless they are cautious and diligent. Motorcycles lack the protective metal wrapping that protects drivers in typical passenger vehicles and even smaller vehicles. Without this protective shield of metal, motorcycle accidents can cause particularly devastating injuries, such as road rash, serious bodily injuries, and even death. When a motorcycle crash occurs, the rider is likely to suffer serious injuries from the primary impact of the other vehicle hitting them, followed by the secondary impact of hitting the ground. This is especially true when an accident happens at high speed.

Motorcycles present an uncommonly small profile in traffic, and vehicle drivers are not always looking out for them as they should be. All drivers should be aware of the most common types of motorcycle accidents:

• Another driver suddenly stopped when traveling at a high rate of speed on the highway.
• A driver is distracted and swerves into a motorcycle’s traveling lane.
• Another driver failed to see a motorcyclist and cut them off.
• Road defects like potholes, construction zones, or sharp turns.
• Impaired or distracted riding.
• Speeding vehicles.
• Limits of visibility and dangerous road conditions caused by inclement weather.
• Failure of a motorcycle part while in use.
• Motorcycle lane splitting.
• Cars making left-hand turns.

The recovery process following a motorcycle accident mirrors the process of recovering from a car accident. The victim must file a claim against their own auto insurance policy and may only file a personal injury claim if they suffered a severe injury. Because most motorcycle accidents result in severe injuries, the likelihood that the victim will have grounds for legal recourse with a civil suit against the at-fault driver is relatively high.

Florida Truck Accidents

Accidents involving large commercial trucks have more significant consequences than most types of accidents because they commonly cause serious injuries or even death. In addition, this type of accident can leave you with a mountain of medical bills, lost wages, and other expenses, including losses you can’t even measure.

Furthermore, it’s challenging to identify who should be held responsible, from the driver to the trucking company to a third-party contractor, etc. Therefore, it’s essential to understand the most common causes of truck accidents so you can avoid them if possible. Some are attributable to other vehicle drivers, and some to truck drivers:

• Vehicle drivers driving in compromised visibility zones, in other words, the zones behind and beside a commercial truck where truck mirrors don’t cover.
• Vehicle drivers driving recklessly, such as changing lanes abruptly around a truck.
• Vehicle drivers misjudged an approaching truck’s speed at an intersection and made a left turn in front of the truck.
• Vehicle drivers merge too quickly into traffic, causing a truck to unnecessarily brake.
• Vehicle drivers fail to slow down or speed up when a truck begins to change lanes or merge.
• Vehicle drivers passing with insufficient headway.
• Vehicle drivers pull into traffic in front of a truck without accelerating quickly enough.
• Vehicle drivers driving between large trucks.
• Abandoning a vehicle in a travel lane, or failing to get a disabled vehicle completely off the highway and onto the shoulder.
• A trucker’s lack of training, distracted driving, fatigued driving, speeding, impaired driving, lack of experience, and/or poor judgment.

A complicating factor that commonly arises in truck accident claims is vicarious liability, a legal term used to define a situation in which one party bears fault for the actions of another party. This term is most often applied to employers that bear responsibility for the actions of their employees. For example, if your accident happened because a truck driver was drunk behind the wheel and their employer never conducted a proper background check that would have revealed their history of prior DUI offenses, the employer would face vicarious liability for the resulting damages.

Truck accident claims are not only especially challenging due to the potential for vicarious liability to arise but also due to the high chance of the accident causing severe damages. Having a Miami car accident attorney that you can trust handling your claim ensures you are better prepared to face the complex questions of liability that your case may entail, and you will also be more likely to maximize your compensation with their assistance.

Ridesharing Accidents in Miami, FL

Ridesharing, mainly the taxi-alternative services provided by, for example, Uber and Lyft, is blowing up. The ridesharing market is projected to grow at a CAGR (Compound Annual Growth Rate) of 19.87% from 2018 to 2025, to reach a market size of 218.0 billion US by 2025 from 61.3 billion US in 2018, according to MarketsandMarkets (M&M).

There are sensible reasons for this innovative alternative to taxicabs. Some of those reasons include:

• Increased costs of vehicle ownership.
• Increased smartphone and internet penetration in almost every identifiable demographic.
• More stringent emissions laws.
• Increasing recognition of the dangers and stupidity of driving intoxicated.
• Social media’s overwhelming condemnation of driving intoxicated.
• Simple convenience.

Unfortunately, such increased popularity comes along with increases in ridesharing accidents. According to ScienceMag.org, a trio of economists addressed whether the explosion of ridesharing services has led to an increase in traffic deaths in US cities. They concluded that the onset of ridesharing led to a 2% to 3% increase in car occupants and pedestrians killed in accidents.

Rideshare companies like Uber and Lyft are legally required to carry auto insurance that works in different ways depending on when an accident occurs. This insurance aims to alleviate the damages suffered by rideshare passengers and may help rideshare drivers in some situations. When a rideshare driver is not logged into their driver app and they are using their vehicle for personal reasons, their own personal auto insurance applies if they have an accident.

Once a rideshare driver logs into their driver app, the first level of the rideshare company’s insurance would apply if an accident happened. Once they have picked up a passenger, the next tier of coverage applies until they drop the passenger off at their destination.

If you are hurt in a rideshare accident, you may need to file a claim against your own auto insurance, followed by a second claim against the rideshare company’s insurance. If insurance cannot fully compensate your losses and you suffered a severe injury, you would then need to pursue a personal injury claim against the driver who caused the accident.

Bicycle Accidents in Florida

Bike riders are killed in bike accidents at a rate of nearly a thousand a year. Bike riders have virtually no protection, have a very narrow profile in traffic, making them hard to see, and often ride inconsistently. Other vehicle drivers may not even see you until it’s too late.

Still, there are some tips for bike riders to increase their odds of avoiding injury, including:

• Wearing a helmet. Be sure to choose a helmet that fits correctly and adjust it to fit snugly yet comfortably.
• Avoid clothing that may get caught in your bike chain.
• Make yourself visible: bright clothing, reflective gear, and a white front light and red rear light, along with reflectors, are all important.
• Ride sober. Alcohol and other drugs drastically slow down your reaction speed and seriously impair your judgment. Additionally, the state’s law against driving under the influence (DUI) applies if you are on a bike just as it would if you were driving your car, and it is possible to face conviction for DUI if you are caught biking under the influence of drugs or alcohol.
• Ride with the flow of traffic and in the same direction.
• Obey all the rules of the road. They apply to bike riders, and violations lead to tickets.
• Ride defensively. Assume the other person doesn’t see you.
• Constantly scan the road ahead for hazards that may cause problems, for example, potholes.
• Avoid anything that distracts you or takes your eyes, ears, and mind off the road and traffic. For example, do not text or listen to music.
• Make sure your bike fits you. Bikes that are too big are harder to control.
• Maintain your brakes. Bike brake pads wear down just like automobile pads.
• Unless you are signaling to turn, keep both hands on the handlebars.
• Plan your route. Use bike lanes or bike paths if available. Use routes with less traffic and slower speeds.

Despite their efforts to ride safely, bicyclists can potentially suffer extreme injuries in accidents with motor vehicle drivers. Insurance may or may not apply in this situation, and the injured rider will need to find legal counsel they can trust as soon as possible to help them determine their most viable options for legal recourse.

Miami, FL Pedestrian Accidents

Pedestrians who are jogging alongside the street, walking through a parking lot, walking on the sidewalk, or simply crossing the street at designated crosswalks are struck by motor vehicles of all types. Clearly, a pedestrian does not have the protection of a seat belt, the steel protection of a car, or even the safety of a motorcycle helmet. Therefore, they are generally entirely defenseless unless they have exceptional reflexes or actively scan their environment for potential dangers.

Pedestrian accidents are rarely the pedestrian’s fault. Some common reasons for pedestrian accidents include:

• Left-hand turns. Left turns are problematic for both drivers and pedestrians. Unfortunately, many drivers are more concerned with beating the light and getting through the intersection than watching out for pedestrians.
• Failing to use crosswalks properly. Crosswalks allow pedestrians on busy corners to cross when they push the button and get an OK-to-cross signal, usually in the form of an electronic representation of a person walking. However, failing to pay attention to these signals or jaywalking across an unmarked crossing is a common reason for many pedestrian accidents.
• Texting and other types of distracted driving. Drivers who are busy with other things while driving are less likely to notice when pedestrians suddenly appear.
• Impaired driving. Impaired drivers are less likely to notice a pedestrian who is crossing the street.
• Children commonly do not appreciate the risk of running in and around the street. Additionally, because children are smaller than adults, it can be difficult for drivers to see them if they weave between cars, particularly parked cars, and emerge suddenly in a vehicle’s path.
• Bicycle accidents. Bicycles and pedestrians don’t mix well. Both have trouble seeing oncoming traffic, and both are difficult to see by automobile traffic. Fortunately, bicycle-on-pedestrian accidents cause relatively minor damage.

Whenever a driver hits a pedestrian, the driver is almost always at fault for the incident. All drivers have a duty of care to always yield the right-of-way to pedestrians, even if pedestrians cross a street illegally. However, if a pedestrian jaywalks in front of an oncoming driver giving the driver little to no time to stop, the pedestrian could face partial liability for the accident, leading to a diminished recovery.

What to Expect After a Motor Vehicle Accident in Miami, FL

The initial aftermath of any motor vehicle accident can be stressful and uncertain, and the first steps you take in this situation have a profound effect on subsequent recovery efforts. Due to the no-fault rule in Florida, the first step in recovering from any vehicle accident is to file a claim against your own auto insurance policy. Your Miami car accident attorney can help you draft your demand letter to the insurance carrier, gather any evidence you may need to support your claim and verify that the insurance carrier has handled the claim in good faith. If any disputes arise or if the insurer unfairly denies your claim, legal counsel will be invaluable for resolving these issues.

If you have grounds to pursue a civil claim against the party responsible for your accident, success with your claim requires proving fault. You must identify the party or parties you believe to be responsible for the accident and then prove their negligence or misconduct directly caused the accident in question. You must also show proof of the full extent of your damages, including your economic losses, long-term economic damages, and your pain and suffering.

If your motor vehicle accident happened because of illegal misconduct, you could not only receive punitive damages alongside your other claimed losses, but the defendant may face criminal prosecution for breaking state law. Ultimately, every vehicle accident case is unique, and legal counsel you can trust will be essential for success with your recovery efforts.

Damages You Can Seek in a Personal Injury Claim

When you have grounds to pursue a civil action beyond your insurance claim, you can potentially recover compensation for all economic damages the defendant caused. These may include:

• Property damage. Insurance may cover some of your vehicle repair costs, but any remainder not covered by insurance can be included as economic damages in your personal injury case. This includes the cost of any personal belongings aside from your vehicle that was damaged or destroyed in the accident.
• Medical expenses. The PIP coverage in your auto insurance policy may provide some compensation for the medical bills you face after your accident. However, if you suffer a severe injury, your medical expenses may exceed your insurance policy’s coverage limits. If this applies to your case, a Miami car accident attorney can help you recover the cost of immediate and future medical expenses arising from the accident.
• Lost income. If you are unable to work and earn income because of a vehicle accident another party caused, you have the right to hold them accountable for the income lost because of their actions. You can not only claim compensation for direct loss of income during your recovery but also for lost future earning capacity if the accident left you permanently disabled and diminished your earning power.

The average car accident victim in Miami should be able to account for immediately noticeable losses like the cost of their vehicle repairs and their medical bills, but calculating future damages is more challenging. When you choose Callejo Law to represent you, we can carefully examine the details of your situation to help you ensure that you receive full repayment of your economic damages from the party responsible for causing your accident.

You may be surprised to learn that you can claim much more in economic damages than you initially expected, but your recovery does not end there. Florida law also allows personal injury plaintiffs to claim compensation for their pain and suffering, and there is no limit to how much they can seek from the defendant. The plaintiff may claim whatever amount they believe to reasonably reflect the level of physical pain and emotional distress they experienced from the accident in question.

If the defendant caused your accident through some illegal misconduct, such as DUI or intentional aggressive driving, they are likely to face criminal charges from the state alongside your civil suit. It’s possible for you to recover restitution or punitive damages at a judge’s discretion alongside your other claimed damages. If illegal misconduct played any role in your recent accident, your Miami car accident attorney can advise you as to how this may impact your recovery efforts and the final compensation you obtain from the defendant.

Resolving a Personal Injury Claim in Miami

If you have grounds to pursue a personal injury claim against the driver who caused your accident, it is important to know how the case may unfold. The majority of personal injury claims filed never go to trial. Instead, most parties involved in these cases will seek to settle these claims privately. As long as all parties involved in the case are willing to compromise, a settlement can enable them to resolve a civil claim much faster than litigation. Additionally, they will have more control over the outcome of the case, whereas a judge will have the final say in litigation.

Your Miami car accident attorney can be crucial for helping you resolve your claim as quickly as possible. You will be able to rely on them to gather the evidence needed to prove liability, such as traffic camera recordings, eyewitness statements, and digital evidence like cell phone records. When it comes to your actual proceedings, your attorney can help you streamline the recovery process, taking advantage of settlement if possible or representing you at trial if necessary. Callejo Law stays up to date on the latest legal trends and changes to the laws in the state, and our team aims to settle clients’ claims quickly whenever we can, but we are fully equipped to represent our clients in litigation when settlement isn’t an option. We have a strong record of successful cases due to our commitment to client-focused legal counsel.

Schedule a Free Consultation with a Florida Motor Vehicle Accident Attorney

We have over 25 years of experience and focus solely on personal injury and workers’ comp claims. Callejo Law offers free consultations, same-day returns of phone calls and emails, bilingual representation, and 24/7/365 availability. And, all clients have Ms. Callejo’s cell phone number.

We are always accessible and provide the quality of service that has earned us a perfect 5.0 on Google Reviews. If you’ve been injured in any type of accident, first seek immediate medical attention, then contact us either by email or phone for a same-day response and free consultation, even before contacting your insurance company.