Car Accidents Involving Driver Errors
Recover the Compensation You Deserve with the Help of an Experienced Fort Lauderdale Car Crash Lawyer
While we all make mistakes, some mistakes have bigger consequences than others. When drivers make mistakes on the road, the consequences can often be severe. Many auto accidents leave victims with painful and debilitating injuries, and some victims tragically lose their lives too soon. If you have been injured or lost a loved one due to a driver mistake, Fort Lauderdale car crash lawyer Joseph Maus can help you recover just compensation.
When Does Another Driver’s Mistake Entitle You to Compensation?
On the road, all drivers have a duty to exercise reasonable care to avoid dangerous collisions. This means that they must avoid making mistakes that put others in harm’s way. When drivers make mistakes that lead to accidents involving serious or fatal injuries, victims can seek just compensation, and this usually involves filing a claim with the driver’s insurance company.
Auto insurance covers all types of driver mistakes. At highway speeds and in downtown traffic, it only takes one minor error to cause a lifetime of consequences. Some examples of common mistakes that can justify auto accident insurance claims include:
- Driving on prescription medications – Many prescription medications have side effects that can make it dangerous to drive.
- Driving the wrong way – Driving the wrong way on a one-way street or a divided highway is a significant mistake that can lead to an extremely dangerous scenario.
- Driving while distracted – Distracted driving is among the most-common driving mistakes, and it is also among the most-common factors in vehicle collisions.
- Driving while fatigued – Fatigued driving can be extremely dangerous. Some studies have found that it causes impairment similar to low-level alcohol intoxication.
- Driving without glasses – Drivers who need glasses or contacts but leave home without them can be dangers to themselves and everyone else on the road.
- Exceeding driving capabilities – When drivers are on public roads, they are held to the same standards regardless of their personal driving capabilities.
- Entering an intersection without the right of way – Running a red light or stop sign, whether intentionally or inadvertently, is a mistake that often leads to dire consequences.
- Failing to signal or check blind spots – A significant number of accidents result from drivers changing lanes, merging, or pulling out of a parallel parking space without signaling or checking for oncoming traffic.
- Making sudden stops or turns – When a driver stops or turns suddenly and unexpectedly, this can leave other motorists with no way to avoid a potentially-serious collision.
- Waiting too long to brake – Even when maintaining a safe following distance, waiting too long to brake can lead to rear-end collisions resulting in whiplash and other injuries.
How Do You Prove the Other Driver Made an Error?
Proving that another driver made a mistake is not easy, and this is one of the first reasons to hire an experienced Fort Lauderdale car crash lawyer if you have been seriously injured or lost a loved one in a collision. While there are several potential ways to prove a driver’s mistake, the specific evidence needed in your case will depend on the particular circumstances involved.
In some cases, the necessary evidence will be available at the scene of the accident. In others, it will be necessary to subpoena the other driver’s phone records or seek evidence from other sources. Attorney Joseph Maus has decades of experience handling serious car accident cases, and he can use this experience to gather the evidence needed to pursue your claim.
What if the Other Driver’s Insurance Company Refuses to Admit Liability?
When you file a fault-based insurance claim (as opposed to a “no-fault” claim under your personal injury protection (PIP) policy), the other driver’s insurance company may initially refuse to admit liability. If this happens, it is important that you not give up on your claim. However, if you have been trying to handle your claim on your own, at this point you will need to hire an attorney. Overcoming an insurance denial can be challenging, and you do not want to make mistakes that could make it more difficult to recover just compensation.
What if the Other Driver’s Insurance Company Says You Made a Mistake?
If the other driver’s insurance company says that you made a mistake, you will need an attorney to help you resolve this issue as well. In this scenario, there are three possible outcomes:
- The insurance company will deny compensation, claiming that you were solely at fault in the accident;
- The insurance company will reduce your compensation if the evidence shows that you were partially at fault in the accident (based on Florida’s “comparative fault” law); or,
- Your Fort Lauderdale car crash lawyer will be able to prove that the insurance company’s allegations of fault are unjustified.
While it is possible that you were solely at fault, if you believe the other driver made a mistake, you are probably right—and you should not let the insurance companies tell you otherwise. Once attorney Joseph Maus gathers all of the relevant evidence, he can tell you whether “comparative fault” may be an issue in your auto accident insurance claim.
What if the Other Driver Does Not Have Auto Insurance?
If the driver who hit you or your loved one does not have auto insurance, your best option may be to file an uninsured motorist (UM) claim with your own insurance company. If you have UM coverage, your insurance company will “stand in the shoes” of the at-fault driver’s insurer, and your claim will proceed similarly to a normal fault-based insurance claim. Since securing UM coverage requires proof of fault, it will still be important to hire an experienced attorney to represent you.
Discuss Your Auto Insurance Claim with Fort Lauderdale Car Crash Lawyer Joseph Maus
Are you entitled to financial compensation for a driver’s mistake? To discuss your car crash claim in Fort Lauderdale with attorney Joseph Maus, call 855-476-5926 or request a free consultation online today.