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Car accidents are notoriously one of the leading causes of death in the United States. Every year tens of thousands of people die in car accidents while millions more suffer serious or permanent injuries. Being involved in a car, or other motor vehicle accident or collision is one of the most traumatic and unfortunate situations you may find yourself in. Whether struck from behind, in what is known as a rear-end collision, an intersection, a t-bone accident, a rollover, the victim of a hit-and-run accident, the victim of a drunk driver, car accidents are serious matter.
If you or a loved one has been involved in an automobile accident and has suffered injury or death as a result, you may be eligible to receive compensation for your losses. Howard Herskowitz, an experienced personal injury attorney can help you understand your rights and plan a course of action. For over 25 years we have aggressively represented seriously injured victims of auto accidents throughout South Florida.
Some Sobering Statistics
- According to the National Highway Traffic Safety Administration, someone in the U.S. is involved in a car accident every 10 seconds.
- Approximately one third of all car accidents result in injury.
- More than half of fatal car accidents occur on roads with speeds limits of 55 mph or greater, and more than one third of fatal crashes involve alcohol.
Negligence in Car Accidents
Determining negligence in the case of a car accident, while not always clear-cut, is usually legally necessary. Under the law, drivers are required to exercise “reasonable care” and practice car safety in the operation of a motor vehicle. A driver who fails to exercise “reasonable care” is considered negligent and can be held responsible for damages. However, the law requires the injured party to prove that someone else’s negligence caused the accident, this is called burden of proof.
Common Causes of Car Accidents
Car accidents are often the result of driver negligence and less often due to factors unrelated to the driver. Driver negligence can lead to a car accident when the driver:
- Fails to obey traffic signs or signals
- Drives above or below the speed limit Fails to use turn signal
- Drives under the influence of drugs or alcohol
- Drives recklessly (for example driving at excessive speeds and passing or changing lanes improperly)
Non-driver related factors may contribute to a car accident including:
- Automobile defect
- Poorly maintained roads or other highway defects (for example, inadequate design, lighting, construction, or signage)
- Malfunctioning traffic signals
In some of these cases, the automobile manufacturer may be held liable for damages.
Car Accident Injuries
The most common injury people sustain in a car accident is whiplash. Car accident injuries may also include bruises and abrasions, concussion, broken bones, contusions, loss of limb(s), permanent disability, or death.
What to do if you have been injured in an automobile accident:
- Call the police to file a report.
- Seek prompt medical attention.
- Stay at the scene of the accident unless medical exigencies require you to leave.
- Preserve evidence―take photographs of damages if possible and keep copies of all important documents including medical records.
- Do not admit fault or enter into negotiations with the other driver(s) or insurance company(s).
- Contact an attorney to make sure your legal rights are protected.
You have the right to pursue a legal claim if you have been injured due to someone else’s negligence. Because a statute of limitations applies to all car accident cases, it is wise to seek legal advice as soon as possible.
Contact us online or call us at 954-764-4750 for more information or to schedule a free consultation
Author and Attorney Howard Herskowitz convinced his father, Aaron, to tell his World War II story of brutal enslavement under the Nazis and his escape to the Russians, for whom he became a hero and installed him as ruler of a conquered Nazi town. To learn more about this unforgettable story, please click the image below or to the right.