Miramar is an emerging center for multicultural tourism, with frequent and diverse offerings held at ArtsPark. The city also offers live sports and music at the Hard Rock Amphitheater and many other things to see and do. Unfortunately, as a principal city in the Miami metropolitan area, Miramar frequently suffers from heavy traffic that can make driving difficult or even dangerous. Miramar is among the worst cities in the state for drivers, with the average driver experiencing a car accident every eight years.
If a car accident caused by someone else's negligence injured you, an experienced Miramar car accident lawyer from Dolman Law Group Accident Injury Lawyers, PA can evaluate your case for free and seek compensation for you. We can also tell you about the services we can offer as a national law firm with offices across both Florida coasts to assist you with your claim.
Many law firms act as settle mills by taking on many cases and resolving them as quickly as possible. By contrast, our legal team is focused on ensuring you get the maximum compensation available, even if it means fighting for you in court.
- Where Do Most Accidents Occur in Miramar?
- Common Causes of Miramar Car Accidents
- Types of Car Accidents That Occur on Miramar Roadways as a Result of Negligence
- Seeking Compensation After a Miramar Auto Accident
- Frequently Asked Questions About Seeking Compensation After a Miramar Car Crash
- Contact a Miramar Car Crash Attorney Today
Where Do Most Accidents Occur in Miramar?
According to the Florida Department of Highway Safety and Motor Vehicles, more than 34,000 car accidents occur in Broward County annually, resulting in nearly 19,000 injuries and more than 250 deaths.
Some of the roadways and intersections where accidents most commonly occur in Miramar include:
- Pembroke Road near the intersection of University Drive
- Miramar Parkway between 66th and 67th Avenue
- Florida's Turnpike
Common Causes of Miramar Car Accidents
Most traffic-related crashes occur due to negligence, which refers to an individual or entity's failure to take reasonable actions to prevent harming others on a public roadway. Here is a look at some of the most common types of negligence that can lead to a car accident in Miramar.
Speeding is a factor in nearly a third of all fatal traffic accidents. Speeding makes it difficult to remain in control of the vehicle. It also decreases the time a driver has to notice a roadway hazard and respond to it by applying the brakes while simultaneously causing an increase in the amount of work the vehicle's brakes must do to stop the vehicle before a collision occurs.
Additionally, a vehicle traveling faster than the posted speed limit will make it difficult for other roadway users to determine if there is a safe gap in traffic to cross or enter the roadway. Speeding increases the force of the collision, often resulting in serious injury.
Drunk driving is one of the primary causes of fatal accidents. Alcohol impairment causes impacts on the body's central nervous system, creating deficits in the skills needed to drive a vehicle safely.
Unfortunately, these impacts do not begin when the driver reaches a blood alcohol content of 0.08 grams of alcohol per deciliter of blood. Instead, the effects of alcohol begin with the first drink and become more pronounced with additional consumption.
The dangerous effects of alcohol on a driver's ability include:
- Difficulty tracking moving targets or detecting signals.
- Slowed response to emergency driving situations
- Difficulty controlling braking or steering.
- Difficulty maintaining a single lane of travel (weaving).
- The inability to make good driving decisions.
The art of multitasking has become an important skill to develop in the busy day-to-day lives of Miramar residents. However, multitasking while driving is known as distracted driving, and it leads to accidents.
Driver distractions include anything that:
- Causes the driver to take their hands from the wheel, such as eating, drinking, smoking, or adjusting vehicle controls.
- This causes the driver to take their eyes off the roadway. They may be looking at other vehicles or people on the roadside or attending to pets or children.
- Causes the driver's thoughts to stray from the task of driving safely, such as visiting with other occupants of the vehicle, thinking about work, or even daydreaming.
Texting is an extremely concerning type of driver distraction because it simultaneously causes all three responses as the driver takes their eyes from the road to read or write a message, takes a hand from the wheel to hold the phone, and focuses their thoughts on the conversation.
Failure to Yield
Failure to yield the right of way refers to a driver not stopping when required at a red light or stop sign to allow vehicles in other travel lanes to pass through an intersection safely. Drivers are also required to yield to pedestrians crossing streets in crosswalks even when traffic control signals are not present.
Tailgating refers to following another vehicle too closely, which is the most common cause of rear-end accidents. Vehicles travel a certain distance after the driver has applied the brakes. The brakes work to pull the vehicle's weight to a complete stop. Larger, heavier vehicles generally have a greater stopping distance than smaller ones, and the stopping distance of any vehicle is increased by factors such as bald tires and rain on the roadway.
Miramar experiences far more rainfall yearly than the national average, making wet roadways a common occurrence. To operate a motor vehicle safely, a driver must ensure that they allow enough following distance to have time to perceive a hazard and respond by braking. The vehicle has enough distance to stop if the car they're following stops or slows suddenly.
Wrong-way driving refers to a driver operating their motor vehicle in a travel lane designated for traffic moving in the opposite direction. Wrong-way driving is often the result of other types of risky driving behaviors, such as alcohol impairment or driver fatigue.
However, it can also occur due to an inexperienced driver or one unfamiliar with the roadway entering a one-way road while traveling in the wrong direction. Wrong-way driving is extremely dangerous as it results in one of the most deadly types of accidents: a head-on collision.
Driver fatigue refers to a driver operating a motor vehicle when they are too sleepy to do so safely. While any driver can experience fatigue due to life circumstances, certain drivers, such as long-haul truck drivers, are at particular risk for driver fatigue. This is primarily due to the circadian rhythm, the body's natural wake/sleep cycle that causes tiredness in the mid-afternoon and late-night hours.
Fatigued driving features similar traits to alcohol-impaired driving, such as difficulty maintaining a single lane of travel (weaving), reduced ability to detect changes in traffic signals, and slowed emergency responses.
“The vehicle just came out of nowhere. I didn't even see it.” These words are often said at the scene of a car accident, particularly if it involves a smaller vehicle, such as a compact car or motorcycle. As it turns out, many times, the assertion is true due to a phenomenon known as inattentional blindness.
Inattentional blindness refers to how the brain processes information in a chaotic environment, such as Miramar roadways during rush hour. The brain will focus on the biggest hazards in the scenario, such as commercial trucks, larger pickups, and SUVs, while not acknowledging smaller hazards, such as small cars, motorcycles, bicycles, or pedestrians.
It should be noted, however, that while inattentional blindness is a natural phenomenon, drivers are still liable if they cause an accident because they looked but did not see a less imposing roadway user due to inattentional blindness.
Vehicle Defects and Maintenance Issues
Drivers in Miramar are tasked with the responsibility of ensuring that their vehicles are properly maintained. Failure to do so can result in a vehicle part malfunctioning while on the roadway. Certain malfunctions, such as blown tires, can result in a loss of vehicle control, resulting in an accident.
Sometimes, however, accidents occur due to a manufacturing defect with one of the parts of a vehicle involved in the crash. Manufacturers are responsible for ensuring that the products they sell to consumers are reasonably safe when used according to labeled instructions.
Types of Car Accidents That Occur on Miramar Roadways as a Result of Negligence
Just as there are many causes of car accidents, there are many types of car accidents that can occur in Miramar, including:
- Rear-end accidents occur when the front of one vehicle collides with the rear of another vehicle. This type of accident is most often associated with tailgating. Still, it can also result from speeding, distracted driving, or even failure to yield if an individual merges into a travel lane without ensuring enough space.
- Broadside (T-bone) collisions occur when the front of one vehicle collides with the side of another. These accidents are a common result of failure to yield at a red light, stop sign, or when pulling onto a roadway from a side street or private drive. Broadside collisions often result in severe injuries to the occupants of the vehicle that was side-struck, as there is less protection provided in the door areas of many vehicles than there is in the front or rear. This risk of injuries is particularly high if there is a big discrepancy between the vehicles involved.
- Head-on collisions occur when the front of one vehicle collides with the front of another vehicle. Head-on collisions are relatively rare, accounting for only 2 percent of all traffic accidents on U.S. roadways. However, they account for more than 10 percent of all traffic fatalities. Head-ons are often deadly due to the increased force caused by the forward motion of both vehicles. Wrong-way driving is a frequent cause of this type of accident, as well as chain-reaction crashes in which the force of the initial accident pushes one of the vehicles into an opposing lane of travel.
- Sideswipes occur when the side of one vehicle collides with the side of another vehicle. Improper passing is often the culprit for this type of accident, with a driver failing to ensure that the travel lane is clear before merging into a travel lane.
- Rollovers occur when the vehicle overturns during an accident. Vehicle rollovers often occur when the driver travels too fast for road conditions and strikes something such as a median or another vehicle. This collision “trips” the tires, causing the vehicle to overturn. Rollovers can also be caused by vehicles with a high center of gravity, like SUVs, buses, or commercial trucks. They may attempt to take a corner or curve too fast, resulting in a weight imbalance that causes the vehicle to tip.
- Chain-reaction crashes refer to an accident involving more than two vehicles. Generally, a chain-reaction crash begins when two vehicles collide, and either the force of the accident pushes one of the vehicles into the path of oncoming traffic, resulting in a secondary crash, or other vehicles are unable to slow down in time to avoid crashing into disabled vehicles at the scene. Chain-reaction crashes commonly occur on interstates such as I-75, with higher speed limits and traffic counts.
Seeking Compensation After a Miramar Auto Accident
Suppose a car accident caused by another party's negligence injured you in Miramar. In that case, you can seek compensation for the expenses and impacts of your injury through Florida's personal injury claims process. Read on for the answers to general, common questions to learn more about this process.
Frequently Asked Questions About Seeking Compensation After a Miramar Car Crash
While the personal injury claims process allows individuals to seek compensation for the out-of-pocket costs and quality-of-life impacts they incurred due to someone else's negligence, the process is often confusing and overwhelming for the claimant. Here are the answers to questions the legal team at Dolman Law Group Accident Injury Lawyers, PA, often hears.
Is PIP my only resource for compensation after being injured in a car accident?
Florida's no-fault car insurance scheme requires all individuals registering a vehicle in Florida to show proof of insurance, including a policy of at least $10,000 in personal injury protection (PIP) coverage. This policy can cover a portion of medical costs and wage loss associated with car accident injuries, regardless of who was at fault. The coverage extends to all members of the policyholder's household and occupants of their vehicle who are not covered by their PIP policy.
For those who do not meet the serious injury threshold in Florida, PIP is designed to be the sole source of compensation after an accident. However, if the accident results in certain injuries, the claimant can seek compensation from the at-fault party's liability insurance policy through a third-party claim. The serious injury threshold includes permanent injuries within a reasonable degree of medical probability; those that result in significant and permanent loss of a bodily function; significant and permanent scarring or death.
What is the personal injury claims process?
The personal injury claims process generally begins when an individual injured in an accident caused by someone else's careless or reckless behavior hires an experienced Miramar personal injury attorney to assist them in seeking compensation.
The attorney performs a thorough investigation of the accident to determine all sources of liability and insurance resources that can be used to compensate the claimant. Once the claimant has reached maximum medical improvement, the attorney will establish a total value to their claim and demand the amount of the claim's value from the at-fault party's insurance provider.
When the insurance provider receives the demand, they assign the claim to a claims adjuster. The claims adjuster is an individual hired by the insurance company to analyze claims and determine if compensation is owed.
The adjuster has three options when responding to the claim:
- They can deny the claim and provide a reason for the denial to the claimant and their attorney.
- They can accept their insured's liability and pay the demand's full value.
- They can offer to settle the claim out of court for less than its stated value.
An initial settlement offer from a claims adjuster is generally far below the claim's value. The claimant's attorney can negotiate with the adjuster to get them to increase their offer. However, suppose the insurance provider fails to resolve the claim by paying it in full or offering a fair settlement.
In that case, it can be filed in civil court as a personal injury lawsuit. Suppose the claim is not settled before the scheduled trial date. In that case, it will be up to a judge or jury to determine liability and adequate compensation for the expenses and injuries that the claimant incurred.
What is the statute of limitations, and why does it matter to my claim?
The statute of limitations refers to a deadline placed on the claim in the laws that govern each state's personal injury claims process. In Florida, the statute of limitations on personal injury claims is generally four years after the date on which the accident occurred.
The ability to meet this deadline is one of the most important parts of the process, as failing to do so will usually bar the claimant from using the court system to obtain compensation for their injuries. Suppose the claimant no longer has the right to file a personal injury lawsuit in court. In that case, there are no repercussions if the at-fault party's insurance provider fails to pay the claim, and the claim will likely go uncompensated.
How do I prove who caused my accident?
Liability refers to an individual or entity's legal responsibility if they cause an accident that results in physical harm or property damage to another driver.
While the source of liability in a Miramar car accident is usually another driver, there can be other potentially liable parties, depending on the circumstances of the crash, such as:
- A defective auto part manufacturer was used on one of the vehicles involved in the accident.
- The owner or manager of a business establishment knowingly served alcohol to a minor or visibly intoxicated person who caused a car accident due to drunk driving.
- An agency is responsible for maintaining the roadway and ensuring the safety of travelers.
In some accidents, there can be more than one source of liability. The claimant's attorney will gather evidence and witness testimony to prove all at-fault parties' three elements of liability.
Those elements include:
- A duty owed by the at-fault party to take reasonable actions in the circumstance to avoid causing harm to others.
- A breach of duty occurred when the at-fault party engaged in reckless or careless behavior.
- Proof that the at-fault party's breach of duty resulted in the accident in which the claimant was injured.
What type of compensation can I receive through a Miramar car accident claim?
Miramar car accident claimants can seek compensation for expenses and impacts they incurred in the accident, such as:
- Medical expenses are associated with the treatment of the injuries suffered and any complications that arise during that treatment.
- Wage loss for the period in which the claimant was too injured to work.
- Loss of future earning capacity if the claimant suffers a permanent injury that impairs their ability to earn an income. This damage is often claimed in cases involving catastrophic injuries such as traumatic brain injuries, spinal cord injuries, traumatic amputation, and loss of vision or hearing due to the accident.
- Physical pain and suffering resulting from the injury, excruciating treatments, and even the hassle of attending frequent doctor's appointments or requiring hospitalization
- Emotional distress over the trauma of the accident and the emotional difficulty encountered by the claimant as they recovered from the injury.
- Loss of enjoyment of life refers to the loss of the ability to participate in hobbies and activities that were essential to the claimant's life before the accident occurred.
My loved one died of injuries incurred in a Miramar car accident. Is there compensation available?
If an individual dies due to injuries sustained in a Miramar car accident caused by someone else's negligence, a personal administrator (executor) of the deceased's estate can file a wrongful death claim on behalf of family members and the estate. While the process is similar to a personal injury claim, the statute of limitations for wrongful death claims is shorter, with claimants having two years from the date the death occurred to file.
Some expenses and impacts that a wrongful death claim can compensate include:
- The loss of support and services the deceased provided for their spouse, children, or parents.
- Medical expenses related to the treatment of the deceased's final injuries
- Reasonable costs associated with a funeral and burial or cremation
- Loss of companionship, guidance, protection, and instruction that the deceased afforded to their loved ones
- Loss of net accumulations to the deceased's estate would have likely been present if the deceased had lived long enough to complete their career.
- The loss of income and benefits incurred from the time of injury until the time of death.
Wrongful death claims fall under the umbrella of personal injury claims, and the legal team at Dolman Law Group Accident Injury Lawyers, PA, has ample experience in this type of claim.
What services can a Miramar car accident lawyer offer to assist me with my claim?
A Miramar car accident lawyer can bring experience and education in the process to your claim. They may be able to eliminate issues resulting from an individual with little education in the law attempting to obtain compensation from an at-fault party's insurance provider.
Some of these services include:
- A thorough investigation of your accident to determine all liability sources and associated insurance resources. Insurance is how nearly all car accident claims are paid, as most individuals and businesses do not have the funds to compensate for the expenses and impacts of injuries caused by their out-of-pocket negligence.
- A value to your claim that is based on factors such as the amount of insurance the at-fault party has, particularly reckless behavior that contributed to the accident, the severity of the injury that was suffered, and the actual expenses incurred through the treatment of the injury, the property damage that was sustained to the claimant's vehicle, and the impact the injury has on the claimant's ability to earn an income.
- Gathering evidence and witness testimony to prove that the accident resulted from the at-fault party's actions or failure to act.
- Managing communication with the at-fault party's insurance provider to protect the claim's value from common tactics used by claims adjusters to reduce payouts. These tactics include convincing the claimant they're not entitled to compensation for non-economic damages such as pain and suffering or emotional distress or convincing the claimant to accept a ridiculously low settlement. The attorney will also communicate with the insurance provider to negotiate a settlement.
- Managing the timeline of the claim to ensure that the claimant retains their right to use the court process by filing a personal injury lawsuit within the statute of limitations.
- Litigation services include deposing witnesses out-of-court and examining witnesses during the trial, presenting evidence, delivering opening and closing arguments, and attending all pre-trial conferences and hearings on behalf of the claimant.
- Assistance in collecting a negotiated settlement or court award after the case
- If the at-fault party's insurance provider appeals the court's decision, continued representation.
I can't afford an attorney. Can I file my claim?
No one is required to hire an auto accident attorney to use the personal injury claims process. However, having a successful claim that provides fair compensation for the expenses and impacts of your injury relies on the experience provided by the attorney.
Because of this, our car accident attorneys ensure that anyone who needs their services has access to them by providing:
- A free case evaluation. This is a time for you to meet with an attorney to discuss your case. You will learn more about the personal injury process, the law firm that the attorney and their legal team are affiliated with, and how they can help you.
- A contingent fee billing method. This allows you to wait to pay for your attorney until your case is successfully resolved through a settlement or court award. Instead of being billed hourly for the legal team's services, the proceeds of your settlement or award will be sent directly to the attorney, who will deduct an agreed-upon percentage as payment and satisfy any medical liens placed on the award by health care providers or insurers. Then, the remainder of the award will be released, along with an accounting of the attorney's services.
Contact a Miramar Car Crash Attorney Today
Let us help you explore your options for seeking compensation for the expenses and impacts of your injury. With offices across both Florida coasts, you can reach an experienced Miramar car accident lawyer from Dolman Law Group Accident Injury Lawyers, PA, by calling 833-552-7274 (833-55-CRASH) or writing to us using our online contact page.
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