If you have lost a loved one in a fatal car accident caused by the negligence of another road user, we know how painful it can be to come to terms with. Our lawyers are on hand to help you understand what you may be able to do to recover compensation while protecting your rights.
Contact the Law Offices of Anidjar & Levine at 1-800-747-3733 for a no-obligation complimentary case evaluation today and find out what a Miami fatal accident lawyer from our team may be able to do to help you at this difficult time.
Causes of Fatal Car Accidents
According to recent statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 152,067 injuries and 3,135 fatalities in car crashes throughout the state during 2018 alone. Sadly, many fatal accidents are caused by negligence and are therefore preventable. Below are some of the potential causes of fatal car accidents.
Reckless driving is based on dangerous decisions by a motorist who can cause fatal accidents due to speeding, failing to stop at lights, tailgating, braking suddenly, not signaling when turning, and making illegal lane changes. According to a study by the National Highway Traffic Safety Administration (NHTSA), speeding was a contributing factor accounting for 26% of all traffic fatalities in 2017.
People who drive while intoxicated by alcohol or drugs pose a serious risk to others. According to the Centers for Disease Control and Prevention (CDC), one person dies approximately every 50 minutes in a car accident involving an alcohol-impaired driver in the United States. Driving under the influence impairs judgment, lowers alertness, reduces perception and awareness, and releases inhibitions, resulting in potential reckless driving and risk-taking.
Any activity that diverts a driver’s attention from the road can cause a deadly accident. There are many ways drivers can become distracted, some of the most common being talking or texting on a cell phone, being distracted by other passengers in the car, watching events happening outside of the vehicle, using in-car technologies, eating, or drinking. Operating a car safely requires a person’s full attention. If a driver is engaged in other activities behind the wheel, it creates a significant risk of fatalities.
Driving While Fatigued
While preventable, many people still drive when they are tired, which reduces road users’ cognition and performance abilities. In the worst cases where drivers fall asleep behind the wheel, accidents tend to be high-speed crashes, as drivers do not have the chance to brake before crashing.
Poor Weather Conditions
Poor weather can present a significant risk to drivers through reduced visibility in fog and heavy rain, hydroplaning in wet weather, or skidding on ice. Severe weather can also affect the condition of the streets and cause obstructions. Other factors include the status and age of the vehicle, along with driver experience. If motorists drive in icy conditions knowing their brakes or tires are in poor condition, there is an increased risk to themselves and other drivers.
Vehicle owners must maintain their cars to increase the safety of both their vehicle’s occupants, as well as other people who share the roads. Poorly maintained vehicles can result in fatal accidents caused by things such as a loss of steering, brake failure, faulty lights, or bald tires.
Florida’s statute of limitations (Florida Statute § 95.11) requires that wrongful death claims be filed within two years of a person’s death. Fatal car accidents present unique legal challenges; car insurance companies will almost always avoid offering a fair settlement to the victim’s family, so it may be beneficial to seek legal advice before accepting any offers.
A Miami fatal accident lawyer may be able to help you level the playing field and tackle any tactics and obstacles the opposition may use to reduce the compensation you are entitled to.
Compensation From Survival Action and Wrongful Death Claims Explained
While you have the right to recover damages from a negligent driver who caused the untimely death of a loved one, it is important to understand that Florida follows comparative negligence rules (Florida Statute § 768.81), meaning compensation paid is determined by how much fault is apportioned to each driver. If the opposition argues your loved one was partly to blame for the accident, a Miami fatal accident attorney may be able to help by carefully examining the facts of the case to counter or mitigate those claims.
Our lawyers understand how to navigate the complex legal system and help families who are devastated by losing a loved one in a fatal car accident. We may be able to help you recover financial compensation for the wrongful death of your loved one, and file a survival action claim (Florida Statute § 46.021) to recover compensation for damages your loved one would have been entitled to if they had survived the accident. Both claims can be filed in the same action and help recover financial awards that could include:
- Funeral and burial expenses
- Loss of consortium
- Loss of income your loved one would have provided
- Loss of expected income
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
We know this is a most distressing time for you and your family, and while no amount of money can make up for the loss of a loved one, it can at least go some way to ease your financial situation.
Please do reach out to the Law Offices of Anidjar & Levine at 1-800-747-3733 if you need help. We are here to support you and take on your legal burden so that you can be with your family and begin the long road to healing.
Compassionate Client Support and Aggressive Legal Representation
With the most profound understanding of your loss, a Miami fatal accident lawyer from the Law Offices of Anidjar & Levine is here to support you during this extremely difficult time. For legal assistance with every aspect of this challenging process, we are here to guide you through the claims process and are always available to answer your questions. Contact Miami car accident lawyer today for a complimentary case review at 1-800-747-3733.
We Can Help.