Miami Car Accident Attorneys

How Our Experienced Miami Car Accident Lawyers Can Help

Miami, Florida, is known for its beautiful beaches, vibrant atmosphere, and glamorous nightlife. Amid the city’s beauty, however, locals and visitors will tell you that high traffic congestion, reckless drivers, and other traffic nuisances can make Miami an intimidating city to drive in. In fact, Miami is known to have some of the highest car accident rates in the state. 

According to the latest data, in the first four months of 2024, there have been over 16,170 car crashes and a total of 73 fatalities and 8,040 injuries from those car crashes in Miami-Dade County. 

If you have been injured in a Miami car accident, it’s essential to know your legal rights and options and what to do next. That is where our team of adept car accident attorneys comes in to help protect your rights.

For many people, the aftermath of a car accident can be traumatizing. Navigating the accident, including determining who was at fault and who should be held responsible for injuries or damages sustained, can be overwhelming. You don’t have to navigate this road alone. Turn to the team at Bernstein & Maryanoff, Injury Attorneys, to speak with Miami car accident lawyers you can trust. Our attorneys work diligently to protect your rights, regardless of how the accident happened, who was at fault, and what injuries or property damage was sustained. At Bernstein & Maryanoff Accident Attorneys, our seasoned team of attorneys, investigators, and paralegals take pride in representing victims just like you following a car accident. When you schedule a free case evaluation, you’ll have greater insight into how our law office is ready to fight for your rights.

How Our Experienced Miami Car Accident Lawyers Can Help

Miami, Florida, is known for its beautiful beaches, vibrant atmosphere, and glamorous nightlife. Amid the city’s beauty, however, locals and visitors will tell you that high traffic congestion, reckless drivers, and other traffic nuisances can make Miami an intimidating city to drive in. In fact, Miami is known to have some of the highest car accident rates in the state. 

According to the latest data, in the first four months of 2024, there have been over 16,170 car crashes and a total of 73 fatalities and 8,040 injuries from those car crashes in Miami-Dade County. 

If you have been injured in a Miami car accident, it’s essential to know your legal rights and options and what to do next. That is where our team of adept car accident attorneys comes in to help protect your rights.

For many people, the aftermath of a car accident can be traumatizing. Navigating the accident, including determining who was at fault and who should be held responsible for injuries or damages sustained, can be overwhelming. You don’t have to navigate this road alone. Turn to the team at Bernstein & Maryanoff Injury Attorneys to speak with Miami car accident lawyers you can trust.
Our attorneys work diligently to protect your rights, regardless of how the accident happened, who was at fault, and what injuries or property damage was sustained.

If you have been involved in a car accident, call Bernstein & Maryanoff, Injury Attorneys.

Common Car Accident Causes in Miami

South Florida is one of the most popular destinations in the Sunshine State. Beautiful beaches, a vibrant nightlife scene, and an electric atmosphere make cities like Miami popular attractions for out-of-state visitors and locals.

The unique atmosphere of Miami also means that certain types of accidents are more likely to occur on Miami streets than in other low-key, non-metropolis locations.

Common causes of car accidents in Miami include:

• Drivers who operate their vehicles recklessly can result in them losing control while driving.
• Lack of driver safety, including driving without wearing a seatbelt or driving distracted, can lead to accidents ranging from minor fender benders to more severe accidents.
• Drivers speeding while approaching a yellow light.
• Drivers speeding or not coming to complete stops at stop signs.
• Drivers not yielding to traffic or passengers when merging in and out of roadways or at crosswalks.
• Drivers under the influence of drugs and alcohol while behind the wheel.

Common Car Accident Injuries in Miami

Traffic congestion and higher traffic accidents are natural consequences of any densely populated area, especially Miami, where vehicles are a point of attraction for both locals and visitors. 

As such, certain types of injuries are more likely to happen because of the driving habits of drivers in Miami. 

Some of the most common injuries resulting from car accidents in Miami include:

• Whiplash: This can happen after a sudden impact causes a driver or a passenger’s neck to hyperextend. The hyperextension can cause neck pain and injury ranging from mild to severe. 
• Herniated discs: A sudden impact can cause a driver or passenger’s discs to bulge. These rubbery discs serve as a cushion that sits between the vertebrae in a person’s spine. If a disc becomes dislodged, the result can be a sharp pain that increases in intensity during movement. 
• Broken bones: Even in minor accidents, drivers and passengers may suffer broken bones. The likelihood of this occurring increases if a seatbelt is not used. 
• Head and brain injuries: Head and brain injuries can result from sharp blows to the head and damage to the spinal column. A brain or head injury is serious and can have life-altering consequences. If you suspect you’ve suffered a brain or head injury, it’s essential to seek medical attention immediately. 
• Back and spinal injuries: A blow to the neck or spine can result in these types of injuries. Back and spinal injuries can lead to partial or complete paralysis along with other life-altering symptoms. 
• Burn injuries: Burn injuries can result from chemical burns or fires. This often happens after a major car crash ignites a fire. 
• Amputations: In severe car accidents, victims may lose limbs if they have been pinned down under an object.
• Soft tissue injuries: Soft tissue injuries, including bruising, lacerations, and abrasions, are some of the most common injuries a car accident victim can face. These are also some of the easiest injuries to recover from. 
• Emotional trauma: Often, the most overwhelming and life-altering injuries a victim can face are mental injuries, not physical. After a car accident, victims may find themselves dealing with emotional disorders, including PTSD, depression, anxiety, and other psychological issues.

You may hope the insurance company pays you fairly after a car accident. Unfortunately, that isn’t always the case. The insurance company may try to stall your claim or give you misinformation. They might try to confuse you about your rights or delay the proceedings, hoping you’ll miss the deadline. 

Don’t be fooled by their tactics. Obtaining help from an experienced lawyer will help you get fair compensation from your insurance company. You may even receive an additional payment if your insurance company acts in bad faith to avoid paying your claim. If you’re unsure whether your insurance company is treating you fairly, contact our skilled Miami car accident lawyers to evaluate your case.

Types of Miami Auto Accident Claims We Handle

Car accident lawyers handle a wide range of motor vehicle collisions. An auto accident lawyer from Bernstein & Maryanoff can provide legal representation and advocacy in the following types of accidents:

• Distracted driving accidents
• Accidents involving leased or rental cars
• Commercial vehicle accidents
• Uber, Lyft, and rideshare accidents
• Hit-and-run accidents
• Drunk driving accidents
• Motorcycle accidents

Different laws and insurance company procedures might apply to different types of accidents. For example, commercial motor vehicle insurance requirements are governed by federal rather than state laws. Similarly, motorcycles are not covered by Florida’s no-fault system. 

A Miami car accident lawyer from Bernstein & Maryanoff can guide you through the specific requirements of each type of claim to seek full and just injury compensation.

Let Bernstein & Maryanoff, Injury Attorneys, Fight for You After a Car Crash

It’s important to seek out the counsel of an attorney after you’ve been involved in a car accident. A skilled attorney can help you understand your legal rights and options, break down legal concepts and the laws that apply to your case, and, most importantly, we can help you recover compensation from liable parties. 

At Bernstein & Maryanoff, Injury Attorneys, our seasoned team of attorneys, investigators, and paralegals take pride in representing victims just like you following a car accident. When you schedule a free case evaluation, you’ll have greater insight into how our law office is ready to fight for your rights.

Here are just some of the ways our lawyers will help you navigate your case after a car accident:

We’ll Handle the Details of Your Car Accident Case While You Focus on Recovery

If you’ve been injured in a car accident, staying on top of your doctor’s appointments and any medical guidance your doctor recommends is essential. For many victims, this means taking the time to heal and recover so you can get back on your feet, both mentally and physically

Speak With Parties Involved in the Car Crash

Our attorneys will handle all aspects of your case, including speaking with investigators, police officers, witnesses, insurance companies, and other legal teams involved in your case. We help simplify the aftermath of a car accident so you can focus your full attention on recovering.

Thoroughly Investigate the Car Accident To Prove Fault and Negligence

Although Florida is one of a handful of states that follow no-fault auto laws, it is still important to determine who is at fault and who may be held negligent in your case. 

Depending on the circumstances of your accident, third parties may be held negligent in your case. Our skilled attorneys investigate every aspect of your car accident to determine negligence and collect critical evidence that proves this negligence.

Determine the Actual Damages Suffered as a Result of the Car Accident

After a car accident, your insurance company may try to minimize the damages you are entitled to. One of the most important jobs a car accident attorney is tasked with includes determining and proving the damages you may be entitled to.

Our attorneys have decades of experience and know precisely what you are entitled to. We will investigate every aspect of your case and create a comprehensive list of any economic, non-economic, and even punitive damages you may be able to recover.

Negotiate a Settlement With the Insurance Company

Our attorneys are expert negotiators and will diligently fight for a comprehensive settlement. It’s no secret that insurance companies will try to minimize their losses and often do so through lowball settlement offers. Our lawyers know how to fight the insurance providers, so your rights are protected during settlement negotiations.

Take Your Car Accident Case to Court

While the vast majority of car accident cases are resolved in the settlement, our attorneys are prepared to take your case to trial to recover the compensation you may be entitled to. Our attorneys have a thorough knowledge of the Miami court system and will not hesitate to bring a strong case in front of a judge or jury.

There Are Never Any Upfront Fees

At Bernstein & Maryanoff, Injury Attorneys, you pay no upfront fees and only pay if you recover damages. When you schedule a free case evaluation, our team will review the payment structure for when we win your case.

Don’t wait! Contact us today and schedule your free case evaluation.

What To Do if You Have Been Involved in a Car Accident in Miami, Florida

As with any car accident — no matter how minor or severe — it’s important to know how to respond, what to do, and who to speak with after the car crash. If you’ve been involved in a car accident in Miami, Florida, it’s essential to do the following:

• Be safe and clear the roadway if possible: Move your vehicle out of the roadway if you can, turn on your hazards, and steer clear of the roadway until officers and responding medical teams arrive.
• Call 911: After a car accident, it’s crucial to alert local authorities immediately by calling 911. When authorities arrive, a police officer will write up a police report. This report includes notes about what happened, witness statements, injuries sustained, and other relevant information. 
• Check for injuries: If you or someone else is hurt after the car accident, call 911 and ask for medical assistance. Assess your injuries at the site, and when medical professionals arrive, allow them to evaluate you. Receiving a medical evaluation on the scene ensures that if you have a visible injury, it is treated right away. 
• Seek medical care: Depending on the circumstances of your case, you may be asked if you’d like to go to the hospital. You might also be directed to follow up with your doctor the next day. Either way, be sure to speak with a medical professional within 14 days of your injury. After this 14-day mark, per Florida’s PIP 14-day rule, you will miss out on any benefits that can be applied to your case under Florida’s personal injury protection insurance.
• Exchange information with other involved parties: After the accident, switch contact information with the other driver. Be sure to get their name, a phone number where you can contact them, and their insurance provider’s contact information.
• Ask witnesses for their contact information: It can also be helpful to take down the contact information of any witnesses who observe the accident. Witness statements can prove beneficial when building a case against negligent parties. 
• Be careful what you say: When it comes to what you say after an accident, less is always more. Whether you are speaking with police officers, insurance companies, or other witnesses at the scene, stick to the facts, avoid admitting fault, and don’t make any statements that can be used against you later. 
• Avoid speaking with representatives from the other driver’s insurance company: You may be contacted by the other driver’s insurance company. If this happens, avoid talking to them and defer their questions to a legal representative. Insurance companies know what questions to ask and how to lead you in a direction that may minimize the damages you’re entitled to. 
• Document the scene: Always document the scene of the accident for your records after a car accident. This includes:
  • Take photos of the accident, location, and any traffic signs, skidmarks, or other evidence that can help recreate the scene.
  • Take detailed notes of license plate numbers and businesses that may have had surveillance footage of the accident.
• Keep up-to-date with your medical care: Follow up on all medical advice and recommendations. Failing to keep up with your care could be used against you to show your injuries were not serious or substantial. 
• Contact Bernstein & Maryanoff, Injury Attorneys, Miami’s top car accident lawyers: Our experienced attorneys will work with you from day one to help you establish a strong case and will fight to recover any damages you may be entitled to.

It’s important to remember that the evidence collection process for any claims you may bring forward starts immediately after the car accident. For example, a responding medical team can determine if you have additional injuries that might not be visible just yet. They can also help you create the paper trail supporting your claims that you were injured by the car accident.

Florida Laws Impacting Car Accident Cases

Florida is one of 12 states that adhere to no-fault auto laws. Under these types of laws, it doesn’t matter who was at fault for the auto accident. Instead, all drivers are required to carry their own personal injury protection insurance (PIP). This insurance kicks in to cover any property damage or medical expenses an individual suffers after a car accident.

Of course, there may be circumstances where the damages and injuries exceed what personal injury protection insurance can cover. In these cases, victims may be able to pursue additional compensation for damages they’re owed through a personal injury lawsuit.

What Are Florida’s Car Insurance Laws?

Florida’s car insurance laws are outlined in the State’s Statute 627.7407. Under Florida’s car insurance requirements, drivers are required to purchase the minimum amount of auto insurance coverage: 

• Personal injury protection (PIP): $10,000 per accident
• Property damage liability (PDL): $10,000 per accident

These are the minimum coverage limits, and drivers can purchase a policy with a higher limit for greater coverage. 

Additionally, Florida drivers are not required to purchase bodily injury liability coverage, and uninsured or underinsured motorist coverage is optional.

What Is the 14-Day Rule?

Under Florida’s no-fault system, anyone injured in a motor vehicle accident can file an injury claim under the PIP coverage for their vehicle. PIP benefits cover 80% of the person’s medical expenses and 60% of their lost income.

However, to receive these benefits, the victim must visit a medical provider within 14 days of their accident for a diagnosis and to start treatment. PIP insurers can deny claims if the victim delays longer than 14 days to seek medical attention for crash-related injuries.

Insurance Requirements for Leased Vehicles in Florida

Insurance requirements change if your vehicle is a leased car. Under Florida law, if you are leasing a vehicle, you are required to have $100,000 – $300,000 of bodily injury liability insurance and a minimum of $50,000 of property damage liability.

Some providers may also suggest lessees purchase lease GAP insurance. GAP, guaranteed auto protection, covers the total cost of a vehicle in the event of an accident. However, GAP insurance does not act as a substitute for full auto coverage.

Florida’s Modified Comparative Negligence Law

In March 2023, Florida adopted a modified comparative negligence law instead of the previous pure comparative negligence law. 

Under modified comparative negligence, as outlined in State Statute 761.81, a victim who suffers damages after an accident can only recover damages if they are found to be 50% or less at fault. Anyone over 50% responsible for the accident is barred from collecting damages. The only exception to the application of this law is in cases where medical malpractice has occurred.

Exceptions to Florida’s At-Fault Auto Laws

There are exceptions to the Sunshine State’s at-fault auto laws. If a victim suffers a serious injury, they can pursue a civil claim against at-fault parties. This allows them to collect damages that may not be fully covered under PIP insurance. 

For an injury to be classified as serious, it must adhere to Florida’s Serious Injury Threshold as outlined in the State Statute 627.737. The injury must include one or more of the following: 

• Significant and permanent loss of an important bodily function
• A high medical probability of permanent injuries
• Significant and permanent scarring or disfigurement
• Death

Florida’s Statute of Limitations for Car Accidents Claims

Individuals who have been injured in a car accident in Florida have four years after the date of the accident to bring forward a claim. If your loved one was killed in a car accident, you have two years from the date of their death to file a claim. Waiting beyond these time periods may keep you from recovering damages you or your loved one are entitled to.

How Common Are Car Accidents in Florida?

Although it does not top the list, Florida is known to have some of the highest car accident rates in the nation. In 2020, Florida ranked as one of the top five states with the most car crashes resulting in fatalities, along with California, Texas, Georgia, and North Carolina. 

Insurance watch group The Zebra also reports that while Florida has around double the population and number of drivers as Georgia, Florida had almost the same auto fatality rate as Georgia in 2020.

Miami Car Accident Facts

Within the state of Florida, Miami ranks as the top city with the highest car accident and injury fatality rates. In 2021, just over 9.3% of accidents in the Sunshine State happened in Miami. When you zoom out, Miami-Dade County accounted for over 32% of all traffic accidents in Florida in 2021.You can learn more about Florida traffic fatalities, injury, and accident rates using the state’s Crash Dashboard.

Frequently Asked Questions From Car Accident Victims

What Should I Do if I Am Injured in a Car Accident?

You should stop at the accident scene and report the accident to the police. The accident report can provide valuable information for your injury claim.

If your injuries incapacitate you, ask the police for an ambulance. If you choose to leave the scene without an ambulance, seek medical care appropriate for your injuries. Prompt medical attention can help document the severity and timing of your injuries.

Finally, consider contacting a Miami car accident lawyer at Bernstein & Maryanoff as soon as possible. Starting on a claim early can result in a faster insurance settlement. It also ensures we can gather evidence, such as witness statements, while memories are still fresh.

How Much Is My Car Accident Case Worth?

A car accident claim can include compensation for economic losses, such as lost income and past and future medical bills. If you meet Florida’s injury threshold and certain requirements, you may also be able to pursue compensation for the pain and suffering caused by your injuries.

Why Choose Bernstein & Maryanoff Miami Car Accident Attorneys?

Since 1983, the car accident lawyers at Bernstein & Maryanoff have fought for accident victims against billion-dollar insurance companies and the negligent drivers they cover. We have successfully recovered seven-figure verdicts and settlements for accident victims and their families in Miami and across Florida.

Our founding Miami car accident attorney has over 40 years of legal experience. When you hire Bernstein & Maryanoff, your Miami car accident lawyer can provide aggressive advocacy to hold the at-fault driver and their insurer responsible for your losses. However, we are also sensitive to your needs and goals and only settle your case when you receive an acceptable settlement offer.

If You Have Been Involved in a Car Accident, Call the Experienced Attorneys at Bernstein & Maryanoff, Injury Attorneys

You do not have to navigate the aftermath of a car accident alone. If you were involved in a car accident and were injured or suffered property damage as a result, you have legal rights and options. Let our skilled team help you understand those options when you schedule a free case evaluation. 

Ensure that you are protected when you seek the advice of an experienced Miami, Florida, car accident attorney. Even if you are partially responsible, you may be eligible to recover compensation for your injuries and pain and suffering. Contact our proficient team today to learn more.

Client Reviews

Our car accident lawyers have secured millions in compensation for car accident victims. Equally importantly, clients recognize our firm’s dedication to helping them through their difficulties.

For example, one client noted that the firm helped them find a physical therapist and handled the medical bills incurred before contacting them. Another noted that the firm was always attentive, supportive, and on top of the case.

Our Results Speak for Themselves

With unrivaled knowledge of personal injury law, our seasoned attorneys at Bernstein & Maryanoff, Injury Attorneys, fight to protect clients’ rights in Miami and throughout Florida. For more than three decades, our Miami car accident lawyers have helped accident victims recover the compensation they need to move forward with their lives. Let us fight for you, too.

Schedule your free case evaluation with the team at Bernstein & Maryanoff, Injury Attorneys, to learn more today.

Citations:

Fla. Stat. § 627.736.
Fla. Stat. § 627.737.
Fla. Stat. § 627.7407.
Fla. Stat. § 761.81.
McGinley, K., et al. (2024). Car accidents by state.