According to the Monroe County Police Department, a Miami-Dade Transit bus was involved in a fatal head-on crash that left a section of Card Sound Road closed on Monday evening.…
Miami-Head-On Collision Lawyer
A head-on collision arises when the front ends of two cars strike one another in what is often a very serious car accident. These accidents are especially violent and can often result in injuries or even death due to the nature of the crash and the force of the impact. Most people don’t understand why head-on collision accidents are so deadly. When two vehicles strike each other head-on, the driver actually experiences an impact equivalent to the speed of the two cars combined. This is pretty frightening and is the part of the reason head-on collisions tend to have such traumatic consequences. Head-on car crashes are very dangerous and often cause severe injuries to those involved. Head-on car crashes are a growing problem for Miami drivers every time they are behind the wheel. If you or a loved one has been injured in a head-on car accident in South Florida due to another driver’s negligence, the attorneys at Suarez & Montero are here to help you get the compensation you rightly deserve.
The Law Offices of Suarez & Montero Car Accident Attorneys is a personal injury law firm with locations in Miami and Broward. Personal injury law is constantly changing; thus, it is important to choose a lawyer who is up to date with these changes and specializes in handling personal injury cases only. Many attorneys specialize in other practice areas such as bankruptcy or criminal law, and also handle personal injury cases on the side. Unlike other firms that handle cases in other areas of law in addition to their personal injury section, our firm is 100% dedicated to helping victims in personal injury cases and has been doing so for over 19 years.
Florida Head-On Crash Report & Statistics
Head-on car accidents are among the deadliest of all types of car crashes. While they represent only a small percentage of all accidents, they account for more than 10% percent of all car accident deaths. Statistics show that less than 50% of the vehicle occupants in a head-on collision car crash survive the crash. Even at relatively low speeds, head-on car accidents can be catastrophic. Victims of head-on car accidents often incur huge bills for medical treatment.
Common Causes of Head-On Collisions
You may be wondering what the most common causes of head-on car crashes. The most common form of a head-on car crash is where both cars are traveling in different directions on the same road and strike one another. This may occur when one driver is distracted by their phone, not paying attention to the road, or drowsy and crosses the center line, placing the vehicle directly in the path of opposing traffic. Another common occurrence that often leads to a head-on collision is when one vehicle drives on the wrong side of the road. This can place cars traveling in opposite directions in the same lane of traffic, leading to a collision. Oftentimes, drivers who are unfamiliar with an area are more likely to make this mistake. This is why one-way streets are always labeled to prevent these types of accidents. Yet despite these safety efforts, head-on collisions still occur.
Additionally, less populated areas or remote areas see head-on collisions as the result of improper passing on a highway. Where traffic is allowed to pass by using the lane designed for opposing traffic, there is always a risk of an accident. An example is where a two-lane undivided highway exists, and one driver wants to pass a slow car in front of him. Where allowed, a driver can do this by passing in the lane used by opposing traffic only when there is no traffic present and it is safe to do so. When a driver passes whereit is prohibited by law or when oncoming traffic is not clear, he may cause a head-on collision with another vehicle. Head-on car accidents also materialize when the front of one vehicle collides with a stationary object like a tree or fence.
Here is an overview of the circumstances that can lead to a head-on car accident:
Driving While Intoxicated: This is probably the most common cause of head-on collisions. An intoxicated driver’s reflexes and judgment are affected. The impaired driver may nod off at the wheel.
Unsafe Passing: On two-lane roads and highways, the passing car must be careful when moving into the oncoming lane of traffic to get around the slower car. If the driver of the passing vehicle doesn’t see an oncoming car or miscalculates the speed or distance of oncoming traffic, they may not have the time or clearance to move back into the proper lane before crashing.
Wrong-way driving: Many fatal accidents occur because of confused or intoxicated drivers heading the wrong way on a one-way street, or entering a highway with an exit ramp, heading straight into fast oncoming traffic.
Distracted Driving: Dialing, texting, and speaking on cell phones distracts a driver’s attention. It only takes a couple of seconds of inattention for a car to veer into oncoming traffic.
Injuries Caused by Head-On Collisions
The physics at play in head-on collisions is part of the reason why the injuries that result from these types of accidents can be so severe. Physics says that speed increases the effective mass of an object. Imagine you are driving along at 55mph and you collide with another vehicle that is also traveling at the same speed. If you were to crash into the other vehicle, it would feel like hitting a concrete wall at 110mph. Also, bear in mind that the laws of physics says that speed increases the effective mass of an object. This means that the faster you are traveling at the time of impact, the more severe the injuries that may result. As you can imagine, injuries in head-on car collisions can be extremely serious. Some of the most common injuries in head-on collisions include head and brain trauma, spinal cord injuries, smashed and broken bones, neck injuries such as whiplash, cuts and lacerations, contusions and burns, and of course the very real possibility of death.
Protect Your Legal Rights
If you have been involved in a head-on collision and you were injured, or if a family member was injured or killed, it is important to know that you have rights and that you may be entitled to fair compensation for your damages. In the case of a victim who was wrongfully killed, the victim’s family members may be able to bring a claim for their losses. These claims are in addition to any traffic or criminal penalties that the at-fault driver may face as a result of the collision. If you’ve been in a head-on accident with another vehicle, it means one of the drivers was on the wrong side of the road. The person driving on the wrong side is usually to blame for the crash. Also, if you were injured, you have the right to expect compensation from the driver who caused the crash. Usually, the compensation will come from the at-fault driver’s insurance company.
Damages Available after a Head-On Collision
If you or a loved one sustained injury in a head-on crash or accident, medical expenses and treatment can really start to add up. It is crucial for you to understand that you may be able to recover compensation for your injuries from the at-fault party. At Suarez & Montero, we make sure to identify all possible forms of compensation. Our attorneys will explain all of your options in regard to suing others for your medical expenses and other damages after an accident. For instance, if you were involved in a head-on accident while working, you may be entitled to workers’ compensation. Vice versa, if the driver who caused your injuries was working for a company at the time of the crash, you may be able to sue the company for your injuries. Damages in head-on car accident cases fall into two broad categories which are generally described as economic and general non- economic.
Economic damages are, generally speaking, out-of-pocket damages. They are damages that can be measured and calculated, and they are typically represented by expenses actually incurred or those which can be reasonably anticipated in the future. Economic damages are easier to calculate accurately because documents and medical bills and records are used to determine the amount of damages and prove them. On the other hand, non-economic damages compensate injured victims for both physical and mental losses. Non-economic damages usually include the physical and emotional distress resulting from the accident that affects a person’s very quality of life. These are commonly stated to as damages for pain and suffering and mental anguish. Noneconomic damages may include significant and permanent loss of an important bodily function; permanent injury within a justifiable degree of medical probability, other than scarring or disfigurement; and permanent scarring or disfigurement. Types of Non-economic Damages include physical pain, mental anguish, disability, disfigurement, loss of enjoyment of life, inconvenience, and loss of consortium.
Contact our Attorney for Your Head on Collision Case
Driving can be dangerous in South Florida. When you’re involved in a car accident or another crash caused by negligent driving, talk to a car accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in a car accident. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident.
Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
Frequently Asked Questions
If you were injured in an accident, call the head-on collision attorneys at Suarez & Montero today or contact us online. We offer a free consultation with no obligation and we have a lawyer standing by to speak with you 24 hours a day. At Suarez & Montero, we do not charge a fee unless we make a recovery for you and we are ready to get to work on your behalf, so call us now and let us fight for your rights.
Under Florida’s no-fault auto insurance law, you must file an insurance claim based on your personal injury protection (PIP) policy before you pursue any other compensation. Florida requires you to carry at least $10,000 in PIP coverage. In many cases when injuries are minor or moderate, this may be your only option for getting money to pay for your medical care and cover a portion of your lost wages. If you meet the serious injury threshold in the no-fault law or you meet another exception to the law, you can you hold the at-fault driver accountable.
Generally, lawyers and their clients may structure their contingent fee agreement as they wish. But Florida law sets limits for the percentage of recovery that an attorney may charge. If the agreement exceeds those limits, it will be presumed to be excessive unless prior court approval is obtained to allow the attorney to charge more than the presumptive limit. Different limits are established for different stages of the litigation. Through the time of filing an answer or a demand for appointment of arbitrators, the contract may provide for a recovery of 33 1/3% up to 1 million dollars. For any portion of a recovery between $1million and $2million, the attorney may collect 30% and for any portion exceeding 2 million dollars the attorney may collect 20%. If a recovery is obtained from the time of filing an answer or demand for appointment of arbitrators through the entry of judgment, the attorney may recover 40% of any recovery up to $1 million. For any recovery exceeding $1 million, the attorney may recover 30% of any portion between $1 and $2 million and 20% of any portion exceeding $2 million.
Under the doctrine of pure comparative negligence, evidence that both the plaintiff and the defendant are guilty of negligence that is, in some degree, a legal cause of the injury to the plaintiff does not defeat the plaintiff’s recovery entirely. The state of Florida operates under a pure comparative negligence standard. Under this system, a plaintiff whose negligence is not the sole proximate cause of his or her injury is permitted to recover despite the plaintiff’s concurrent or contributory negligence, but the damages are reduced by the jury in proportion to the degree of negligence attributable to him or her, whether the negligence by the plaintiff is greater than that of the defendant. Thus, in the extreme situation under the “pure” form, a plaintiff guilty of 99% of the total negligence causing his or her injury could recover 1% of the damages. A court in Florida will calculate the percentage of fault attributable to each party involved in the accident and calculate the total monetary amount of actual damages caused to the injured party.