Millions of people share the roads in and around Hialeah. With so many cars, trucks, motorcycles, and other vehicles on the road, accidents occur. In some situations, an accident is nothing more than a fender-bender and an inconvenience. However, in other cases, people are not as fortunate. Car accidents in Hialeah could result in serious and life-altering injures. If the recklessness or negligence of another caused a car accident, victims have the right to file a personal injury lawsuit.
The Hialeah car accident lawyers at Rivkind Margulies & Rivkind, P.A. are dedicated to fighting for the rights of those injured through no fault of their own. Depending on the severity of your injuries, you could be facing overwhelming medical bills, lost wages, and other costs associated with your treatment. If you did not cause the accident, you should not be responsible for your financial losses and emotional pain. Call our office at (866) 386-1762 to schedule a free consultation and discuss your legal options.
Common Causes of Hialeah Car Accidents
Driving is one of the most dangerous things people in Hialeah do each day. No matter how safely you drive, you still do not have control over what other motorists do. Additionally, other factors contribute to car crashes. Our Hialeah car accident lawyer handles cases arising from various types of accidents.
One of the leading causes of car accidents in Hialeah and throughout the state of Florida are drivers operating their vehicles while distracted. Distraction occurs in three ways, visually taking your eyes from the road, manually removing your hands from the wheel, and cognitively letting your mind drift. Conduct such as texting impairs a driver in all three facets.
Driving Under the Influence of Drugs or Alcohol
When a driver gets behind the wheel while under the influence of drugs or alcohol, their mental and physical abilities are impaired. A motorist’s ability to react to changing road or traffic conditions is limited if they are drinking. Drivers also make poor decisions while under the influence of drugs or alcohol, resulting in crashes.
Drivers are not always careful and many fail to adhere to traffic laws. Speeding is another common cause of accidents in Hialeah. Often, when high speeds are involved, the injuries are severe or fatal. Other forms of reckless driving include failing to yield, ignoring traffic lights, tailgating, and improperly changing lanes.
Another driver does not always cause an accident. In some situations, road conditions, such as uneven pavements or debris, contribute to a car crash. If you were injured in an accident because of poor road maintenance or construction debris, you could have a claim against a company or the municipality responsible for the road.
When a vital system in a car, such as the steering or braking, malfunctions, accidents are likely to occur. When a defect in your vehicle causes an accident or exacerbates your injuries, our Hialeah car accident attorney could file a claim against the car manufacturer or another party that was responsible for the problem.
Proving Negligence in a Hialeah Car Accident Lawsuit
If the injuries you suffered in a car accident altered your life, leaving you in constant pain and unable to earn a living, an insurance settlement might not be sufficient to cover all your financial losses. However, with the help of our Hialeah car accident lawyer, you could seek compensation through a personal injury lawsuit.
To prevail in a lawsuit arising from a car accident, an injured plaintiff must prove four elements. Our office will work to gather evidence to establish another driver or party was negligent and responsible for your injuries
Duty of Care
The first element a plaintiff must show is that the defendant owed them a legal duty of care. A duty of care is a legal responsibility to act in a specific manner. For example, motorists in Hialeah have a duty to operate their vehicles safely. This means obeying traffic laws and concentrating on the task at hand.
Breach of Duty
Proving negligence requires showing that the defendant’s conduct deviated from the duty of care. Often, proving a breach of duty is the most challenging part of a car accident case. Most drivers will not admit that they were texting or changing a radio station when an accident occurred. Our Hialeah car accident lawyer will use police reports, witness testimony, cell phone records, and other relevant evidence to try and establish that the defendant’s conduct was a breach of their legal duty.
Much of the same evidence used to establish a breach of duty will be used to prove causation. Just because a driver breached their duty does not mean you have a valid or winnable claim. Their conduct must have caused the accident and your injuries.
Damages is the legal term used to describe your financial losses and emotional trauma you experienced because of the accident. If you were lucky enough to walk away from an accident without a scratch, you might not have a viable personal injury claim. However, if you were injured, required medical treatment, lost time at work, or were otherwise hurt, you probably have actionable damages.
In a personal injury claim, you are permitted to recover your economic damages, such as medical expenses and lost income. Additionally, you could be compensated for your noneconomic damages, including physical pain, emotional distress, and the loss of the enjoyment of life. Our Hialeah car accident attorney will use medical records, receipts, testimony from your doctor, and other evidence to calculate your damages.
Call Our Hialeah Car Accident Lawyer for a Free Consultation
Automobile accidents can change a person’s life in a second. The catastrophic forces in a severe crash could result in serious or fatal injuries. Car accident victims often find themselves facing years of medical treatment and financial hardship. Our Miami car accident lawyers are committed to holding at-fault drivers accountable for the harm they caused. If you or a loved one was hurt in a car crash, call Rivkind Margulies & Rivkind, P.A. at (866) 386-1762 to schedule a free consultation.