Every driver has a responsibility to follow the rules of the road so that they do not endanger others. Unfortunately, you might be in an accident because another driver violated these rules. For instance, they could have run a red light and crashed into you at an intersection.
If you are involved in such an accident in West Palm Beach, consider seeking legal counsel. A West Palm Beach car accident lawyer from the Law Offices of Anidjar & Levine can help you understand the various laws and factors affecting the settlement process. Here we will discuss how you can get compensated after the crash.
Proving the Other Driver’s Fault in the Red Light Collision
Running a red light is both dangerous and illegal in West Palm Beach. Drivers may collide with other vehicles or even pedestrians. According to Florida Statutes Section 316.075, motorists should always stop at a red light. If they want to turn right, they can only do so if there are no signs saying “No Turn On Red”.
If the other driver fails to stop at a red light and collides with your vehicle, our West Palm Beach personal injury lawyer can assist you in locating evidence of their liability, such as surveillance film, eyewitness accounts, and crash reports. Failure to follow such a rule shows that the motorist is negligent concerning the safety of others.
For a free legal consultation with a red light car accidents lawyer serving West Palm Beach, 800-747-3733
Your Injury Affects Your Available Legal Actions
Due to Florida’s no-fault auto insurance policies, you might be unable to file actions against the driver even if they are clearly at fault. It depends on the extent of your injuries after the accident.
If you only suffered minor wounds such as scratches and bruising, you can only file a claim with your Personal Injury Protection (PIP) insurance provider. PIP is one of the mandatory insurance coverages for West Palm Beach motorists. It pays for your medical expenses, lost wages, and other monetary injury-related damages, regardless of who is primarily at fault.
However, if your condition meets the tort thresholds in Florida Statutes Section 627.737, you can file a liability insurance claim or a lawsuit against the at-fault driver. This will let you recover both economic and non-economic damages.
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Why Consider a Red Light Car Accident Attorney’s Assistance
Besides helping you look for evidence of the other driver’s fault in the red light accident, a West Palm Beach red light car accident lawyer’s assistance can also benefit you in other ways, such as:
- Compiling proof that you suffered in the crash, such as medical records and photos of the car’s damage
- Estimating your total damages by compiling your expenses and assessing your injury’s severity
- Ensuring that you comply with your filing requirement
- Serving as your legal representative when filing a claim with insurance providers or suing the driver in court, if necessary
- Negotiating with insurance companies if you find their initial settlement offers unfair.
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Complying With Your Case’s Statute of Limitations
One of the requirements the West Palm Beach red light car accident lawyer can help you comply with is the statute of limitations. This is your case’s filing deadline, which you must strictly adhere to. Failure to comply will automatically dismiss the case and bar you from recovery.
Your red light car accident case has a four-year time limit if you file for injury or property damages. However, you only have two years if you want to recover wrongful death damages.
The West Palm Beach red light car accident lawyer can monitor your progress so that you can finish before the deadline. They can also check if any circumstances could toll the statute timer. For instance, if you want to recover damages on behalf of your child, you have up to seven years from the accident date instead of four.
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What Damages Can You Recover in the Settlement?
If your West Palm Beach red light accident liability claim or lawsuit is successful, you can recover economic and non-economic damages such as:
- Lost wages
- Medical expenses
- Auto repairs
- Funeral expenses
- Trauma and pain
- Disabilities and disfigurements
- Loss of consortium
Calculating economic damages involves adding up your expenses and other losses, such as hospital bills and the salary you lost while injured. Meanwhile, non-economic damages, such as trauma, are more complicated and can vary depending on who is evaluating your case. In general, their value increases if your injuries are more severe. For example, you will likely recover a higher amount if you have permanent brain damage as opposed to a dislocated shoulder.
How Sharing Liability Reduces Recovery in Red Light Accidents
Winning a case does not guarantee that you can recover the full settlement. The comparative fault rules in Florida Statutes Section 768.81 state that you can only get a portion of your damages if you are partly to blame for the red light accident.
For instance, let us say you were speeding when the at-fault motorist ran the red light and collided with your car. They could argue that the impact would have been less destructive if you had not exceeded the speed limit. As a result, the court determines that you are 30 percent to blame. The liable motorist must compensate you for 70 percent of your damages.
This rule makes it crucial to consult with our West Palm Beach red light car accident lawyer before filing anything. They can study the accident to determine if you have a solid argument against the other driver.
We Have Accident Lawyers Ready to Help
Having served Florida for over 15 years, the Law Offices of Anidjar & Levine are always ready to assist red light car accident victims here in West Palm Beach. Our experienced team can guide you through the processes involved in getting the compensation owed to you. No matter how big or small your case is, we are committed to helping you.
Request a free consultation with our West Palm Beach red light car accident lawyer. We have Spanish-speaking team members ready to assist you. Contact us online or call our office today.
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