Fort Lauderdale Car Accidents

Broward County, Ft. Lauderdale is a beautiful place to live. However, with some major highways—like Interstate 595—throughout the area, Ft. Lauderdale can also be dangerous. In fact, the Florida Department of Highway Safety and Motor Vehicles reported that in the year 2013 alone, there were 5,559 motor vehicle accidents in Ft. Lauderdale. If you've been in a crash, a car accident attorney can represent you in recovering damages.

The state of Florida enacts a no-fault car insurance system in regards to payment of claims after an accident. Because the state requires all drivers to carry Personal Injury Protection (PIP) insurance benefits in an amount of no less than $10,000, drivers are required to file a claim with their own insurance company to pay for certain medical expenses and lost wages of up to $10,000.00 which may be subject to a deductible as well.

However, a $10,000 limit is often not enough to pay for an injured victim's full extent of damages. As such, when injuries are severe, an injured person can step outside of the no-fault system and pursue a civil action against the at-fault driver.

In order for a driver to step outside of the no-fault system, his or her injuries must be deemed “serious.” According to the 2015 Florida Statutes Section 627.737(2), a serious injury is any injury that results in:

• Significant and permanent loss of bodily function
• Permanent injury
• Significant and permanent scarring or/and disfigurement
• Death

If your injuries meet the above threshold, you can file a claim to hold the at-fault driver liable for your damages.

There are four main components of liability when pursuing a claim directly against the at-fault driver. A Fort Lauderdale car accident lawyer can help you understand each component in more depth.

First: duty of care. In Florida, the duty of care for all drivers is implied, and merely means that all drivers on the road have a responsibly to drive safely and follow traffic laws.

Second: breach of duty of care. Also known as negligence, a driver's breach of the duty of care is one of the most important components of a personal injury claim. Examples of negligence that may cause an accident include speeding, aggressive driving, drinking while driving, using a cell phone, etc.

Third: causation. Causation means that the driver's negligent action was the direct cause of the accident. If that accident would not have occurred but for the negligent action, then the driver will most likely be held liable.

Fourth: damages. Damages refer to the extent of harm that you suffered as a result of the accident, and will be critical in recovering a fair settlement amount. Example of damages might include pain and suffering, lost wages, and medical expenses.

Getting in a car accident that causes serious injuries can change your life. If you've been treated unfairly by your insurance company or believe that your claim falls outside of the no-fault system and want to take civil action, contact Fort Lauderdale car accident attorney Jarrett Blakeley today. At Blakeley Law Firm, P.A., car accident lawyer Jarrett Blakeley can advise you on how to recover your damages, and will advocate for you throughout the entire process. To learn more, call today at 954-253-9445.