Miami Intersection Accident Attorney
After an intersection car accident, our law firm can help you file an accident claim with your auto insurance company. Although you have the right to make a claim, this does not always mean that the payout will cover all of your injuries and medical expenses.
Insurance companies usually want proof that the accident actually occurred and will want documentation and information from you after you report your claim. Our firm can help you prove that you sustained injuries in the accident and that the at-fault driver violated Florida’s law by failing to stop at an intersection. We do this by obtaining your medical records and documents that detail the nature and severity of your injuries, gathering all invoices and records of all medical expenses and treatment, obtaining a police report detailing the accident, compiling all eyewitness testimony if available, requesting any traffic camera video or surveillance camera video from nearby businesses and much more.
Our firm can also negotiate your insurance claim on your behalf. Insurance companies are known for saving money, not paying out settlements. Our firm’s attorneys have extensive experience in negotiating fair settlement claims on behalf of injury accident victims. After any type of crash, you should consider talking to a car accident lawyer to learn what your rights and obligations are under the law.
Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
Types of Intersection Car Accidents in Florida
Intersection accidents can occur for a number of different reasons, with many of the reasons involving driver errors. Generally, these types of accidents most often occur when one of the drivers fails to stop at a stop sign or traffic light, or otherwise fails to yield the right-of-way to the other driver. Some common types of intersection accidents include:
Failure to come to a complete stop
Some drivers may choose to roll through a four-way intersection. This is an illegal violation of traffic safety rules and one of the main types of intersection accidents.
Failure to yield
If the driver of one vehicle stops at a four-way intersection, he may not yield to the other driver who has the right to proceed first. In addition, when two vehicles enter the intersection at the same time, the driver on the left has the right to proceed first—often ignored by many negligent drivers.
Running Red lights
Running a red light is especially dangerous because a driver may do what most drivers do in this situation—increase his speed to get through the light before it turns red. This is illegal and could be considered negligence when an intersection accident ensues.
Turning across traffic lanes
Even when a driver is in a turning lane and can legally make a turn across traffic lanes, he must wait until it is safe to do so. If the driver cuts across traffic and does not make the turn in time, he most likely will be found liable if he causes an accident at an intersection.
Common Causes of Intersection Accidents
From poor weather to driver error, intersection car accidents occur for many different reasons. While some causes of intersection accidents are difficult to avoid, many intersection accidents can be prevented if a driver operated the vehicle with proper care. Some of the more common causes of intersection accidents are:
- Consumption of alcohol or other drugs
- Inexperienced teen drivers
- Aggressive driving, including tailgating, speeding, improper passing, and failing to yield
- Distracted driving, such as talking or texting on a cellphone, eating, grooming
- Talking to other passengers
- Driver fatigue
- Following too closely
- Improper or erratic lane changing
- Prohibited and dangerous passing and merging
- Sudden and erratic speed changes
- Failure to yield right of way
- Failure to obey traffic control devices and signs
- Driving too fast and/or racing
- Making improper turns
Most Dangerous Intersections in Miami
Every intersection is dangerous or potentially dangerous because, sadly, in Florida, drivers try to beat red lights all too frequently and at times completely ignore traffic signals. Thus, it is important to note some of the most dangerous intersections in Miami where accidents often occur:
- SW 17th Ave and Kendall Drive(West Kendall)
- 37th Ave South Dixie Highway and 40th Street
- NE First Avenue and NE Sixth Street
- NE Second Avenue and 36th Street
- SW 117th Avenue and 152nd Street in South Miami-Dade
- The Bridge on Brickell Avenue
- NW 20th Street and NW 22nd Avenue
- NW 22nd Avenue and NW 62nd Street
- SW 117 Avenue and SW 152 Street (Kendall)
- SW 137 Avenue and SW 56 Street (Kendall)
- SW 137 Avenue and SW 88 Street (Kendall)
Who is at Fault in an Intersection Car Accident in Miami?
Getting hit at an intersection is one of the scariest moments you can experience. You may be wondering who is liable after you’re involved in a car accident at an intersection. When you’re hit at an intersection, the driver who is at fault for the crash will be the one who drove negligently.
In almost all car accidents, it is important to prove who was liable or responsible, that is: who made the mistake or was negligent. It may seem obvious to those who were there, but proving fault in a car crash isn’t always so simple for insurance companies. You make a stronger argument to your insurer if you can support your side of the story with evidence. Determining fault in an intersection accident requires the use of evidence like photographs, eyewitness accounts, and the official police report from the accident. In the moments following your accident, take as many pictures of the affected areas of both cars as you can. Show the crash from multiple angles and the damage suffered by both cars.
Additionally, the official police report will include details about the accident that can be used to determine fault. In Florida, pure comparative negligence principles apply. 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. Rather, in assessing damages, the jury awards to the plaintiff such damages as in the jury’s judgment the negligence of the defendant caused to the plaintiff.
If the plaintiff and the defendant are both at fault, the former may recover, but the amount of his or her recovery is only such proportion of the entire damages that the plaintiff sustained as the defendant’s negligence bears to the combined negligence of both the plaintiff and the defendant. For example, where it is found that the plaintiff’s negligence is at least equal to that of the defendant, the amount awarded to the plaintiff should be reduced by one-half from what it otherwise would have been.
Compensation for Injured Victims in an Intersection Accident
After an accident at an intersection, you may be able to file a lawsuit to obtain the compensation necessary to pay for your medical treatment and expenses. At the law offices of Suarez & Montero Car Accident Lawyers, an attorney can review your policy and claim to ensure that you have a valid claim. After any type of car accident, it is incredibly important for you to contact a Florida car accident attorney.
The Law Offices of Suarez & Montero represents accident victims injured in various types of accidents including accidents that take place at intersections. 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.
Speak to our Accident Attorney for Intersection Accident Case in Miami
After any type of crash, you should consider talking to a car accident lawyer to learn what your rights and obligations are under the law. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
Frequently Asked Questions
Under Florida’s no-fault auto insurance law, most injured drivers seek reimbursement for accident costs from their own carrier, regardless of who caused the collision. This makes it important to have a skillful injury lawyer to represent you in negotiations with your insurer should a dispute arise.
Under Florida law, plaintiffs who want to take legal action based on negligence, a component in most personal injury cases, must file a lawsuit within four years of the date of the car accident. A court will refuse to hear an injury case after four years, unless there are extraordinary circumstances that warrant an exception.
Actual or compensatory damages are categorized as either general or special. General damages are damages directly caused by the wrongful act or negligence of another. Special damages are those that do not necessarily result from the wrongful act or negligence of another. Under Florida law, special damages consist of items of loss that are specific to the party who suffered the injury or loss.
In Florida, car owners may be required to purchase two types of auto insurance. The first type of auto insurance is outlined in Fla. Stat. § 627.736. It requires every person who registers a vehicle in Florida to provide proof they have personal injury protection (PIP) and property damage liability (PD), with minimum limits of $10,000 each. The second type of auto insurance requirement is defined in the Florida Financial Responsibility Law. It requires drivers who have caused accidents involving bodily injury/death or received certain citations to purchase bodily injury liability (BI) coverage with minimum limits of $10,000 each person and $20,000 each accident, referred to as split limits.