Car accidents are a leading cause of preventable injury and wrongful death cases in Florida, resulting in nearly 255,000 injuries and 3,200 fatalities annually. The Florida Department of Highway Safety and Motor Vehicles reports that in Monroe County alone, there are nearly 1,600 crashes a year, with 700 of those resulting in injuries.
Ask any experienced Key West car accident lawyer, and they will be quick to confirm that motorcyclists, bicyclists, and pedestrians are especially vulnerable on our roads, accounting for nearly half of local traffic fatalities. FHSMV data shows one-quarter of all motorists killed in Monroe County crashes are motorcyclists, 12 percent are bicyclists, and 12 percent are pedestrians.
Our experienced Key West personal injury attorneys have successfully handled many car accident cases.
To get started with a free consultation, contact our law firm today.
Why Choose Garvin Injury Law?
- We bring over forty years of Florida car accident injury claim experience to your case, helping you recover maximum compensation for your damages.
- We have recovered numerous multi-million dollar awards and settlements for our car accident injury victims and their families.
- You will receive personalized legal service at the highest level for your Key West car accident claim.
- We are committed to your recovery and success and genuinely care about your well-being. We want to help you move forward after a car accident by getting the justice and financial compensation you are entitled to.
Common Causes of Key West Car Accidents
Car accidents are usually caused by driver negligence. However, sometimes other parties are at fault for accidents. Some common Key West car accident causes include:
- Distracted driving– Drivers often take their eyes and minds off the road or their hands off the wheel to text or talk on their cell phones. They may also be distracted by adjusting vehicle controls. Distracted drivers cause thousands of accidents each year.
- Speeding– When drivers exceed the speed limit, they are more likely to lose control and cause an accident.
- Driving while under the influence of alcohol or other drugs– Drunk and drugged driving can quickly lead to tragedy.
- Aggressive driving– When drivers tailgate, make abrupt lane changes, and run traffic lights, they put themselves and other motorists at risk of significant harm.
- Poor road conditions– Some roads are not adequately maintained; others have a design defect that makes them dangerous. These road conditions can contribute to car accidents.
- Equipment failure– The failure of vehicle equipment, such as the brakes, tires, and steering, can cause a loss of vehicle control and lead to a crash.
- Pedestrians and cyclists– If pedestrians or cyclists fail to obey traffic laws, they may cause a crash that severely injures themselves and others.
Our Key West car accident lawyers excel in investigating car accidents to determine causation and liability. We will identify the at-fault parties and build a solid case to recover maximum compensation for your damages.
Injuries most commonly resulting from Key West car accidents include:
- Traumatic brain injuries. These can include concussions or other brain injuries such as skull fractures and internal hemorrhages.
- Neck and back injuries. These include whiplash, sprains, strains, herniated discs and spinal cord damage.
- Spinal injuries. Severe spinal cord injuries can result in the loss of movement, use or sensation in extremities.
- Broken bones. Fractured bones are not only very painful but can require surgery and might take a long time to heal.
- Soft tissue injuries. Torn or stretched ligaments, tendons or muscles can result in severe pain and loss of significant bodily functions.
The type of crash – head-on, rear-end, side-impact, rollover – and speed are all key factors to, not only the severity of injuries that result but, in some cases, how liability is determined. Regarding rear-end collisions, there is a “rebuttable presumption” that the person driving the vehicle in the rear is at fault.
As noted in the 1997 ruling in Jeffries v. Amery Leasing Inc. by Fla. 5th DCA, a rebuttable presumption is not absolute. What it means, however, is that the burden of proof to establish negligence shifts from the plaintiff driver traveling in the front to the defendant driver operating in the rear.
Claiming Damages for Key West Car Accidents
Damages resulting from a motor vehicle accident can include medical expenses, lost wages, property damage, out-of-pocket expenses, and pain and suffering. Not all claimants will necessarily be entitled to recover all types of damages, nor is it a given that the auto insurers involved will concede to pay you fairly without a fight.
Your injury attorney can tell you more about the kinds of compensation you can pursue based on your specific claim, the challenges you may face in obtaining it, and the best legal strategy for success.
In Florida, crash victims can pursue legal action against other motorists for accident-related injuries if:
- The crash was caused at least in part by the defendant’s wrongdoing;
- The plaintiff racked up more than $10,000.00 in damages;
- The crash resulted in serious injuries, as defined in F.S 627.737 (permanent scars/disfigurement/disability, significant and permanent loss of an important body function) or death.
In the event that the other driver does not have enough insurance to cover your losses, does not have any insurance or you do not know who the other driver was because it was a hit-and-run, your attorney can help you file for uninsured/underinsured motorist coverage from your own insurer.
If the serious injury threshold is not met to allow you to step outside the no-fault system, it may still be possible to collect compensation (up to $10,000.00) from your own auto insurer through a state-mandated form of no-fault coverage called personal injury protection, or PIP, as outlined in F.S. 627.736.
Florida PIP Coverage Explained
Because Florida is a no-fault state with regard to auto insurance, all vehicle owners are required to purchase and maintain PIP coverage for compensation for their own injuries and those of their passengers in the event of a crash.
The nice thing about PIP is you can collect it without needing to prove the other driver was at-fault and it can be paid to pedestrians and bicyclists, even though they were not “driving.” (This can be paid for by the cyclist/pedestrian’s own no-fault coverage if they have it, or that of a live-in family member.) Still, many complain that PIP coverage is somewhat redundant because most health insurance plans already cover personal injuries but PIP does cover a bit more than that.
Some limitations with PIP claims can include:
- PIP will pay for 80 percent of medical bills (maximum $2,500.00 for non-emergency medical treatment received within 14 days of the accident) and 60 percent of lost wages/disability – both subject to a collective $10,000.00 limit.
- PIP caps death benefits at $5,000.00 per individual.
- PIP does not pay for property damage. (Those losses can be recovered from your own collision coverage – if you have it – or from the other driver’s property damage liability insurance, of which all drivers are required to maintain a minimum $10,000.00 in coverage.)
- PIP cannot be purchased by motorcycle owners.
- PIP cannot be used for compensation of non-economic damages such as pain and suffering or loss of life enjoyment.
If your health insurance does cover your medical bills upfront, then your insurer will have the right of subrogation on any PIP coverage you receive for those expenses.
Note, however, that your insurer may not be any easier to negotiate with than another driver’s. In fact, most insurers will hike up your rates after a crash, regardless of whether you were at fault. It is a good idea to consult with an experienced Key West car accident lawyer in any case.
Proving Fault in a Key West Car Accident Claim
At Garvin Injury Law, our attorneys will investigate your accident and conduct discovery to identify and collect evidence to support your claim.
Some evidence we may use to prove fault in your Key West accident claim includes police reports, eyewitness testimony, photographs, video of the accident scene, and surveillance and dashcam video that show the events leading up to your accident.
We may also use expert witness testimony from accident reconstructionists and medical experts to prove fault. We also sometimes use the event recorder devices (black boxes) from vehicles involved in the accident, as well as cell phone records of the involved drivers.
Each car accident case is unique. Our Key West car accident attorneys have the experience, skills, and resources to determine what evidence best proves your claim.
How an Experienced Key West Car Accident Lawyer Can Help You Recover Maximum Damages
Auto insurance companies are in business to make money and will work hard to deny your claim or to settle it for as little as possible. An experienced Key West accident lawyer can work even harder to hold the at-fault parties accountable and recover the full compensation you deserve.
An experienced car accident lawyer will investigate your accident, identify possible causes and liable parties, and gather evidence to prove your claim.
They can negotiate a fair settlement of your claim quickly, and when that is not possible, they will take your case to trial to protect your rights and demand maximum compensation.
Being represented by an experienced Key West car accident attorney significantly improves your chances of a successful outcome.
Contact Our Key West Car Accident Lawyers
Call or email the Garvin Injury Law today for your free consultation. We have been successfully handling Monroe County injury and wrongful death cases in South Florida for more than 40 years.