Rear-End Collisions in Miami

Human error accounts for a large percentage of car accidents in Miami. A smaller percentage of auto collisions are the result of mechanical issues and poor road conditions.

Distracted Driving

Distracted driving has become the number one cause of motor vehicle collisions. The advent of electronic communication devices has turned many drivers into talking and texting motor vehicle operators. Although talking on the phone and driving is dangerous, it is even more dangerous when a driver types and reads messages while driving. It is impossible to see what unfolds in front of a driver who has lowered their head to read and send text messages.

Other forms of distracted driving include eating,  applying makeup, and listening to music through headphones.

Driving While Intoxicated

The bustling nightlife that is one of the attractions of Miami is also considered a potential danger when the clubs close their doors just before the sun rises over the Atlantic Ocean. Driving while intoxicated remains one of the most common causes of car accidents in Miami, especially in South Beach where partiers stay up until dawn. Intoxication also involves ingesting illegal substances such as cocaine and banned designer drugs. 

Tailgating

Congested Miami roads and highways can turn even the most patient drivers into dangerous operators of motor vehicles. Rear-end collisions occur frequently because drivers follow other motor vehicles too closely. Although tailgating car accidents happen too often, the result of this type of vehicle collision typically does not result in serious injuries because of the slow speeds traveled by automobiles.

Reckless Driving

From speeding on Interstate 95 to failing to signal at the intersection of West Flagler Street and North Miami Avenue, reckless driving causes a considerable number of auto accidents in Miami. Reckless driving is an especially common occurrence at intersections where one driver tries to beat a red light while the car immediately in front comes to a sudden stop. Because of the speed of the second vehicle, the result is one of the worst types of rear-end collisions.

Mechanical Error

Automobiles depend on the flawless interconnection of hundreds of parts. Just one part failing to operate properly can cause rear-end collisions. For example, if the brakes fail, you run the risk of hitting another vehicle from behind. If you received one or more injuries because of a faulty auto part, you might have a strong enough case to file a product liability lawsuit against the auto manufacturer or the dealership that sold you the vehicle.

Poor Road Conditions

Anyone that has spent time in South Florida knows the area experiences wild weather such as late afternoon thunderstorms and tropical storms that move in from the Atlantic Ocean and the Caribbean Sea. Sudden downpours can cause slick road conditions that lead to frequent rear-end collisions. Although you cannot sue Mother Nature for the weather, you might have a persuasive case to file a civil lawsuit against the City of Miami or the State of Florida for failing to maintain roads and highways properly. Issues such as potholes, sinkholes, and crumbled pavement can cause serious rear-end collisions.

Although rear-end collisions cause a wide variety of injuries, two types of injuries stand out as the most serious.

Whiplash

Whiplash is an injury that damages the muscles, tendons, and ligaments that allow the head to move from side to side, as well as bend towards the ground. When a driver receives an impact caused by a rear-end accident, the driver’s head and neck forcefully move backward before quickly moving forward. The result is neck tendons, muscles, and ligaments that stretch well beyond where they should stretch. A victim might experience intense pain and/or stiffness in the neck, both of which require intensive treatments and physical therapy sessions. The incredible pain in the neck can trigger migraine headaches as well. For the worst cases of whiplash, victims can experience numbness in both arms and shoulders.

Even a motor vehicle moving at less than 10 miles an hour can produce whiplash injuries.

Brain Trauma

Violent rear-end collisions can cause brain trauma, even if a car’s airbag deploys in time to help a victim absorb some of the impact. The forceful motion of the head when it moves backward and forward after a rear-end car crash can cause a serious brain injury. A victim might not move straight forward and land in the protection offered by an airbag. A rear-end crash can force the body to hit the dashboard or another stationary object located inside a motor vehicle.

Even if you do not experience whiplash and/ brain trauma symptoms immediately after a rear-end car collision, you should get medical care to ensure you do not develop delayed symptoms for both types of injuries.

Every state has passed laws that pertain to car accidents. Florida has enacted a comprehensive set of laws that start with the statute of limitations for filing a civil lawsuit.

You have a limited amount of time to file a civil lawsuit against another party for committing one or more acts of negligence while operating a motor vehicle. Florida has established the statute of limitations for filing a car accident lawsuit at four years. The clock starts ticking on the Florida statute of limitations for a car accident case on the date when the accident took place.

Although four years appears to be plenty of time to organize a compelling case for litigation, you should be proactive by filing a civil lawsuit as quickly as possible after a rear-end collision. Suffering a serious injury such as whiplash or brain trauma can send your medical bills to run into thousands of dollars. Promptly filing a civil lawsuit might lead to a favorable judgment that allows you to pay off healthcare debt.

When a driver is entirely at fault for causing a car accident, the outcome for an insurance claim and a civil lawsuit is typically in favor of the victim. However, most auto collisions involve some type of shared blame in which both drivers share a percentage of fault for causing the auto crash. Florida applies a legal principle called pure comparative fault that takes into account the percentage of blame each party should assume for causing an auto collision.

For example, if the judge hearing your case awards you $100,000 in monetary damages, but finds you should share 20 percent of the blame for causing the accident, your net financial award is $80,000.

Florida law requires drivers to report a car accident if the crash resulted in death or injury, and/or the damage done to property exceeds $500. This means a majority of rear-end collisions require at least one person involved in a crash to report the incident to a law enforcement agency. If the rear-end crash happened within Miami city limits, you should call the Miami Police Department. Rear-end collisions that occur in unincorporated areas of Florida should be reported to the Florida Highway Patrol.

Florida represents one of about a dozen states that have implemented a no-fault car insurance policy. This means drivers and passengers that sustain injuries that are associated with rear-end collisions must first seek compensation from their auto insurance companies. Filing an insurance claim with an at-fault driver applies in just a few cases. The personal injury attorney that you hire from Morgan & Morgan will explain the no-fault car insurance policy with you during the free case evaluation.

The first step to take after a rear-end car accident is to make sure both you and the other driver have not sustained serious injuries. A minor fender bender in a parking lot should not produce serious injuries, but a strong impact caused by a car traveling at a high rate of speed can cause serious whiplash and/or brain trauma injuries.

Next, you should call the nearest law enforcement agency. The officer who arrives at the scene conducts an investigation that eventually leads to the filing of an official accident report. Insurance companies and judges that oversee civil lawsuits place a considerable amount of emphasis on the information presented by an official accident report.

If you feel healthy enough, remain at the accident scene to gather evidence to present during the free case evaluation with one of the personal injury lawyers at Morgan & Morgan. The types of evidence to collect include photographs taken at the accident scene, as well as photos of the damage done to your car. You also should present medical evidence like the results of diagnostic tests and a detailed description of the treatment programs that you have completed.

We strongly encourage our clients to make an appointment with a physician to determine the extent of the injuries sustained because of a rear-end car crash. Since whiplash and brain trauma sometimes produce delayed symptoms, you need to undergo diagnostic tests to ensure you do not suffer from neck pain and stiffness, as well as damage to the nerves running throughout your brain.

The last step in the process for handling the aftermath of a car accident involves contacting a personal injury lawyer who specializes in litigating cases that concern rear-end collisions. An experienced personal injury attorney helps you organize the evidence you need to get an auto insurance claim approved, as well as win a favorable judgment at the end of the litigation process. Your legal counsel advises you on how to answer questions if your case goes to trial.

More than 35 years in business have allowed Morgan & Morgan to compile hundreds of positive online reviews left by former clients. When you visit a site such as Yelp or Google, you should find several common themes that create our positive reviews. One of the common themes mentioned by our former clients is trust. We develop a strong level of trust with our clients because we operate with transparency.

Schedule a free case evaluation to learn more about how the personal injury lawyers at Morgan & Morgan handle rear-end collisions.