According to the Insurance Institute for Highway Safety (IIHS), side-impact collisions were responsible for 23% of passenger vehicle occupant deaths in 2018. While side-impact collisions are rarer than head-on or rear-end collisions, they have the potential to cause more injuries. Doors and windows tend to offer less protection to the vehicle’s occupants than bumpers, engines, and trunks.
You might be entitled to compensation if you were a victim in a side-impact car collision that was caused by another driver in the Melbourne, Florida, area. If you suffered serious injuries or your loved one died because of someone else’s negligence, you could be able to seek justice through a personal injury or wrongful death lawsuit.
The Melbourne side-impact collisions lawyer at Ben Crump Law, PLLC, may be able to help you with your case. Contact our team at (844) 730-0233 to schedule a free consultation and learn more about how we might be able to help you after your side-impact collision.
Types and Causes of Side-Impact Car Collisions
There are two main ways that a side-impact car collision occurs. Some side-impacts happen when one vehicle drifts out of its lane and collides with the side of another vehicle. In a T-bone or broadside collision, one vehicle drives directly into the side of another vehicle.
There could be many reasons for a side-impact accident to occur, but some of the most common causes include:
- Failure to check blind spots
- Failure to stop at a traffic light or stop sign
- Failure to yield
- Changing lanes improperly
- Drifting into or driving in the wrong lane
- Improper lane change
- Exceeding the speed limit
- Distracted driving, such as texting or eating while driving
- Driving under the influence of drugs or alcohol
- Reckless driving
- Road rage or aggressive driving
For a free legal consultation with a side-impact collisions lawyer serving Melbourne, call (844) 730-0233
Legal Options After a Side-Impact Collision in Florida
You deserve to receive compensation when you are in a car accident that was not your fault. You should not have to suffer further from a financial burden in addition to your injuries and other losses. Explore your legal options to assert your right to reimbursement after a car accident in Florida.
Florida is one of several no-fault states in the U.S. This means that every driver is required to carry personal injury protection (PIP) along with other coverages in their car insurance policy. When you suffer minor injuries in a car accident, you must file a claim with your own insurance company, and your PIP should pay for your medical bills.
To reclaim the costs of property damage caused in the car accident, such as vehicle repairs or vehicle replacement, you can file a claim with the at-fault driver’s insurance company. You could also inform your own insurance company, which can reach out to the at-fault driver’s company to subrogate the claim.
If you suffered serious injuries or if your loved one died in the side-impact collision, you are legally permitted to step outside of the no-fault car insurance system and pursue compensation in civil court. For your own injuries, you can file a personal injury lawsuit against the responsible party. For your family member’s death, you can file a wrongful death lawsuit.
Melbourne Side-Impact Collisions Lawyer Near Me (844) 730-0233
Comparative Negligence
However you choose to pursue compensation, you will need to show that the other driver was the one who caused the collision. Florida follows a comparative negligence law, as outlined in Florida Statute §768.81. This law states that the damages you can recover for an accident or injury will be reduced by whatever portion of the accident is deemed to be your fault. While the other driver could be completely at fault for the accident, in many cases, both parties bear some of the blame. For example, if you are 20% at fault for the accident, you will be eligible to receive 80% of the financial award.
Both insurance claims adjusters and civil courts will take this comparative negligence law into account when determining how much compensation to offer you. Because of this, it is essential to show that the other driver’s negligence caused the accident if you wish to receive repayment for the costs of the accident.
At Ben Crump Law, PLLC, our Melbourne side-impact collisions lawyer can help you do just that. To negotiate successfully with insurance providers, obtain a settlement from the defendant, or prove your rights to a jury, our team can investigate how your side-impact collision occurred and may collect evidence such as:
- Video surveillance
- Photos
- Police reports
- Vehicle maintenance records
- Medical records
Contact the team at Ben Crump Law, PLLC, today to learn more about how we might be able to help you recover compensation.
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Damages You Could Recover
When you pursue compensation through a lawsuit, the sum of money you could receive is calculated by totaling the losses you suffered because of the car accident. The types of damages you may be able to recover include:
- Property damage costs
- Medical expenses
- Funeral expenses
- Lost past and future income
- Emotional distress
- Pain and suffering
- Inconvenience
- Loss of enjoyment of life
- Loss of companionship
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The Statute of Limitations Can Affect Your Case
Your lawsuit for a side-impact collision or another type of car accident in Florida is subject to a statute of limitations, which is a time frame in which you must take legal action or lose your right to do so. According to Florida Statute §95.11, the statute of limitations for personal injury cases in Florida is four years, and the statute of limitations for wrongful death cases is two years.
Ben Crump Law, PLLC, Is Here to Help You
Recovering the compensation to which you may be entitled after a side-impact collision can be challenging. Insurance companies often offer low settlements in an effort to protect their own interests. The Melbourne side-impact collisions lawyer at Ben Crump Law, PLLC, is here to help you.
At Ben Crump Law, PLLC, we work on contingency, which means we will never charge you anything unless we can earn a financial award for you. Because of this, you know that we are motivated to do our best to get you a full and fair settlement. Call our team at (844) 730-0233 to schedule a no-cost, no-obligation consultation.
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