Better Safe Than Sorry

With more than 30,000 car accidents recorded in the State of Florida, people have suffered great losses as a result of negligent drivers from these accidents. As such, it seems only fitting that Miami ranks 9 in Allstate’s Top 25 Cities with the Worst Drivers in 2012. With this in mind, our lawyers at Suarez & Montero have worked in multiple cases relating to car accidents and have gained the necessary experience to maximize the compensation and justice that your loss deserves.

Areas Of Practice

Aside from other services, Jaime Suarez and Andres Montero are two of the leading car accident and personal injury lawyers in Miami. They also excel in managing all types of cases relating to car accidents. These types of cases include:

• Head on collisions
• Side collisions
• Rear collisions
• Hit and Runs
• DUI and DWI car crashes
• Mechanical failure crashes

Precautionary Measures

Accidents in Florida are very common; however, there are ways to minimize and prevent them all together. One of the most important things to remember is to wear your seatbelt at all times when the vehicle is in motion. Various studies and investigations have been able to prove that wearing your seatbelt can help increase your chances of survival after a car crash. Moreover, a driver in the State of Florida can receive a citation for driving without a seatbelt and not requiring the passengers in the car to wear one as well, even if, an accident has not happened. Like the saying goes, “Click it, or ticket.”

On the other hand, a common mistake a driver makes is not staying calm after an accident happens. Often times, this causes drivers to act irrationally, fleeing the crash site and failing to document the crash details. Although it may be hard to remember these steps after an accident, all this information will be useful evidence for your lawyers when investigating your accident. And remember, your cellphones can be a great advantage in obtaining and documenting the information that will be needed in pursuing any legal action against the other party.

If you or your loved one have fallen victim to a negligent driver, contact our lawyers at Suarez and Montero. We have the experience to handle your case.

Wear Your Seatbelt!

One of the easiest and most effective ways to increase one’s life expectancy, and to improve the general level of automotive safety, is to buckle up. Put another way, occupants of automotive vehicles who fail to use their seatbelts significantly increase their risk of being seriously injured or killed in accident situations. For these reasons, automobile manufacturers began equipping some vehicles with seatbelts in the 1950s, state legislatures began requiring manufacturers to install seatbelts in automobiles in the early 1960s, and, by 1966, the automotive industry began equipping the entire fleet of automobiles with seatbelts.

The Seat Belt Defense in Florida

Evidence of the failure to wear an available seat belt may properly be considered by a jury in assessing damages where evidence shows that the failure to use the seat belt produced or contributed substantially to producing at least a portion of the damages. The seatbelt defense is applicable in the case of rear seat passengers who fail to use available seatbelts as well. The seat belt defense may be submitted only where there is competent evidence that failure to use it bore causal relation to the plaintiff’s injuries. In addition, in order for the jury to be permitted to consider the seat belt defense, it must have been specifically plead. However, the defendant has the initial burden to present competent evidence that the plaintiff’s vehicle contained seat belts that could have been used. Such evidence is prima facie showing that the seat belts were operational. A plaintiff can present competent evidence to rebut the evidence presented by the defendant. While the discussion to this point has concerned a driver’s failure to wear a seatbelt, a parent’s failure to buckle up a child in a child-restraint seat logically may bar or reduce the parent’s claim for medical expenses and other derivative damages arising out of injury to the child to the same extent as if the parent had failed to use his or her own seatbelt. Yet, the child’s own claim for injuries should not, of course, be affected by the parent’s failure to perform his or her parental duties.

Hit and Run Accidents in Florida

Being involved in a car accident is stressful enough, even when both parties exchange insurance information. But what happens if you’ve been the victim of a hit and run? According to the Department of Highway safety and Motor Vehicles (“FLHSMV”), in 2018, there was over 101,151 hit and run crashes in the entire state of Florida. In Florida, a hit-and-run may be charged as a misdemeanor or a felony (depending on the circumstances of the accident). Leaving the scene of an accident causing only property damage is considered a second-degree misdemeanor and is punishable by up to 60 days in county jail and/or a fine of $500. If the accident results in a fatality, there is a mandatory minimum of 4 years for a driver of convicted of leaving the scene.

Understanding what to do in the event of an accident and how the process works will help to relieve some of the stress that is involved with each and every accident.

Frequently Asked Questions

What If My Seatbelt or Airbag Caused My Accident?

Apart from liability arising out of the negligent use of an automobile, other claims and causes of action should be considered. For example, if you were injured by a defective seatbelt or airbag, you may have a claim against the car manufacturer. Careful consideration should be given to potential claims against the manufacturer of the vehicle or tires (the so-called “crashworthiness” case), the garage or repair shop, the contractor and state or federal agency responsible for the design or maintenance of the roadway, and adjoining property owners who may have created the condition that caused or contributed to the accident.

What happens If PIP Coverage is Insufficient to Cover My Damages?

If PIP coverage is insufficient or unavailable to you and the tortfeasor has little or no liability coverage, we can look for an additional source of coverage under your uninsured motorist policy. Uninsured/underinsured motorist (UM) coverage is excess over any liability coverage that the tortfeasor may have. If you were in a leased or rented vehicle, it is important to determine not only what coverage existed, but also what coverage was requested at the time the vehicle was leased or rented, what the rental agreement stated, and what representations concerning coverage were made by the lessor’s agents and employees.

How Does the Collateral Source Rule Work in Florida?

Under Florida law, if you have received payments from collateral sources as compensation for losses sustained in an automobile accident, the provider of those payments must be notified of your intent to file suit for damages. Collateral Sources are considered payments that are made on your behalf by or under social security; public programs providing medical expenses, disability payments, health insurance; disability insurance; or automobile accident insurance that provides health benefits or income disability coverage; or similar benefits, excluding workers’ compensation, Medicare, or Medicaid. If this applies to your case, we will send collateral source providers notice of your intent to claim damages against the at-fault party. The notice must clearly state that the collateral source provider waives any right for subrogation or reimbursement, unless, within 30 days of receipt of notice, it provides a statement asserting payment of benefits and the right to subrogation or reimbursement for said payments.

Statute of Limitations in Florida

Since Florida is a no-fault state, you can only pursue a personal injury legal claim against an at- fault driver in the event of a serious accident. The deadline (or “statute of limitations”) for filing a personal injury or property damage complaint is four years from the date of the car accident (Sec. 95.11(3)). Navigating Florida’s no-fault insurance system and when it applies can be tricky, and there could be a lot at stake if the accident caused serious injuries. Having an attorney argue your case against the insurance company can make a huge difference during settlement talks.

The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including: