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Car accidents happen in Delray Beach often and result in serious injuries. Anyone injured in these types of incidents should contact Delray Beach car accident lawyers as soon as possible. The National Highway Traffic Safety Administration reports that many accidents happen because drivers are distracted either by taking their eyes off the road or when using electronic devices. Other causes are aggressive driving, impairment, and running red lights and stop signs.
A skilled personal injury lawyer can help someone file a claim in order to pursue necessary compensation for their suffering to help with them with their recovery.
Auto accidents can be overwhelming, but knowing what to do immediately afterward can make a significant difference in protecting your rights and securing fair compensation. Delray Beach car accident attorneys recommend the following steps to ensure that you take the proper actions:
Following these steps after an auto accident will help you protect your legal rights and increase the likelihood of a successful claim.
Car accidents can often be attributed to a variety of factors, and the most common causes and types include:
Our Delray Beach car accident attorneys also want to stress that it is equally important to be aware of what not to do after an auto accident, as certain actions can jeopardize your ability to secure fair compensation. One of the most common mistakes car accident victims make is admitting fault at the scene. Even a simple apology can be interpreted as an admission of guilt, which the other party’s insurance company could use against you later. It’s crucial to stick to the facts when discussing the accident with the police and the other driver. Let the investigation determine fault rather than making any statements that could be misconstrued.
Another critical mistake is delaying medical treatment or failing to follow through with prescribed care. Some injuries, such as whiplash or internal damage, may not be immediately apparent, but delaying a medical evaluation can weaken your personal injury claim. Insurance companies might argue that your injuries weren’t serious or were unrelated to the accident if you don’t seek prompt medical attention. Additionally, avoid discussing the details of the accident or your injuries with the other party’s insurance adjuster without consulting your Delray Beach car accident attorneys first. These adjusters may try to get you to minimize your injuries or accept a lowball settlement, which could prevent you from receiving the full compensation you deserve.
Finally, avoid posting any details of the accident on social media. Any information disclosed this way can be used by the opposition against you.
Car accidents fall under Florida’s modified comparative negligence standard. This law holds that if a plaintiff is found to be 50% or more at fault for their accident, they cannot recover. The percentage of fault is determined, using the facts of the accident, by a judge or jury.
The legal definition of negligence is such that a prudent person fails to take proper care toward others, or performs in a way that a prudent person would not, resulting in injury or property damage to another person and/or their property.
Comparative negligence has four elements, or parts, that the party bringing the lawsuit must prove by a preponderance of the evidence.
Example: Imagine a driver is approaching an intersection. They have a legal obligation to stop at the red light to prevent harm to other road users. This is their duty of care to others on the road.
Example: The driver, however, chooses to run the red light, violating traffic laws. This action of running the red light is a breach of their duty of care, as they failed to act as a reasonable person would under the circumstances.
Example: Because the driver ran the red light, they collided with a vehicle lawfully passing through the intersection on a green light. This motor vehicle accident was foreseeable, as running a red light typically increases the risk of such a collision. If the driver had not breached their duty by running the red light, the accident would not have occurred.
Example: As a result of the collision, there are auto accident victims; the other driver and their passengers sustained serious injuries, leading to expensive medical bills, vehicle repair costs, and lost wages from time missed at work. These financial losses represent the damages that occurred due to the breach of duty by the first driver.
A Delray Beach personal injury lawyer can be an invaluable asset in the aftermath of a motor vehicle accident, providing crucial support and expertise to ensure that victims receive the compensation they deserve. Here are some key ways an attorney can help:
By taking these comprehensive steps, the attorney maximizes the potential for obtaining the full compensation that car accident victims are entitled to, while also alleviating the stress of navigating the legal process.
If you’ve been involved in a car accident, reach out to the experienced Delray Beach motor vehicle accident lawyers at Kogan & DiSalvo. Our team is dedicated to helping you recover the maximum compensation available from all responsible parties in your personal injury case. We offer a free consultation to discuss the details of your accident and explore your legal options. Plus, we work on a contingency basis, meaning you won’t pay any legal fees unless we win your case. Contact us today to take the first step toward securing the justice and compensation you deserve.
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