At Steinger, Iscoe & Greene, our Miami car accident lawyers know how dangerous the city can be for drivers. Whether you’re driving around your neighborhood or stuck in I-95 traffic during rush hour, the risk of being involved in a wreck is always present. No matter where or when you’re involved in a wreck, our Miami car accident attorneys are ready to take your call.
Since 1997, our firm has recovered over $1 BILLION on behalf of our clients. If you’re looking for an experienced Miami car accident lawyer to help you get the compensation you deserve, don’t hesitate to get in contact with us. You can fill out this form or call us at (786) 224-4330 for a free, no-obligation consultation. Our phones are answered 24/7, because justice never sleeps.
A car accident can be caused by any number of factors, but one thing always remains constant: Our Miami car accident attorneys are here to help you. We’ll fight the insurance companies on your behalf to help you get the compensation you deserve. Give us a call today for a free, no-obligation consultation to see how much Steinger, Iscoe & Greene can get you!
My experience with Steinger, Iscoe & Greene was a very positive experience. They addressed my needs right away. I didn’t expect to get a lawyer as quickly as I did. I got a phone call the next day and it was Steve Sheinfeld. He was very professional and courteous. I signed up because I had confidence right away… Steve was willing to walk through this journey with me, where I could walk away feeling a lot better.
We were very, very pleased. I would recommend Steinger, Iscoe & Greene to anybody and everybody who has ever had this kind of thing happen to them… Neil Anthony couldn’t have been a better.
I never, in my wildest dreams, could have foreseen that I would meet and be represented by such kind, professional, supportive, (I could go on) people as the people that I came in contact with who represent your office. Literally, every single one of them! I somehow chose your firm, out of all of them out there, and I could not be happier to be so wrong regarding my initial incorrect stereotype about big Personal Injury law firms. I have made sure that everyone I know is aware of my experience with Steinger, Iscoe, and Greene, and I have let it be known that if they should ever be in the need of legal representation, there is no better phone call to make. Thank you so very much and please extend my sincerest thanks to Christina and the wonderful team that I had.
Your best option is to work with one of our Miami car accident attorneys. While you are recuperating from your injuries, they will handle the legwork and help you with your claim. Our attorneys have decades of experience handling personal injury cases involving reckless drivers. While you are on the mend, they will:
When you allow Steinger, Iscoe & Greene to represent you, you can be certain your case will be handled with the utmost care. We will handle the important details of your Miami personal injury case so you can focus on what’s most important healing and moving forward with your life.
In the State of Florida, a “broadside” auto accident refers to a situation where one vehicle was struck along the side length of the vehicle, where the entry doors are usually found.
News reports and casual speech may also refer to these incidents as a “T-bone” collision, similar to how the bones in a short loin steak form a perpendicular (right) angle. The term “side collision” may also be used. Police reports formally document these incidents as “Auto Accident, Broadside” (AABS).
Broadside accidents are notoriously dangerous for the occupants of the vehicle that was struck. Modern vehicle designs typically place many feet of crumple zones and energy-absorbing structural steel in the front and rear of the vehicle. If these ends are struck, less of the energy of impact is transferred to the affected vehicle’s occupants.
However, with a broadside impact, only a few inches of metal and glass separate the occupants from the colliding vehicle. The energy transfer is often immense and can lead to serious injury or death for the struck vehicle’s occupants. Even in vehicles with side-impact airbags, the nature of a broadside collision can mean multiple subsequent impacts, with only the first being absorbed by the airbags.
Determining fault in a broadside impact can be difficult. Even though the struck vehicle sustains the highest chances of occupant injuries, that vehicle may be at fault. For instance, someone who fails to yield at a stop sign before crossing a busy road may be struck broadside, making them likely at fault for the incident.
In the State of Florida, “drowsy driving” in relation to auto accidents refers to times when an auto accident was caused by the driver being excessively tired and sleepy.
Florida passed the Ronshay Dugans Act (F.S. 683.332) in 2010 to officially designate the first week in September as “Drowsy Driving Prevention Week.” During this time, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and the Florida Department of Transportation (DOT) engage in a joint effort to inform Florida citizens about the dangers of drowsy driving.
According to the law, drowsy driving can impair a driver’s ability to make decisions and maintain coordination as much if not sometimes more than alcohol impairment. Also, according to a 2015 Florida DHSMV website article, 14 fatal vehicle crashes in 2014 were attributed to drowsy driving.
Although Florida sanctions public-funded education programs through the Ronshay Dugans Act, they do not have explicit laws regarding the criminal or culpably negligent nature of drowsy driving.
If an individual was aware of their drowsy condition and still chose to drive, they could be considered to have acted negligently. A personal injury or wrongful death tort against them would have to prove that the individual had knowledge of their impairment, such as having experience with a medication that makes you drowsy yet choosing to drive after taking it anyway.
Proving the level of fatigue of the individual or the negligence of their decision-making process may not be as clear as other impairment cases. Unlike DUI laws, for example, there is no way to measure or limit “units of tiredness” compared to Blood Alcohol Concentrations (BAC). Yet, injury or wrongful death victims of drowsy driving accidents have a right to pursue rightful compensation from individuals who make irresponsible decisions that endanger the lives of others.
In the State of Florida, “illegal driving maneuvers” can refer to any actions taken by the driver of a vehicle on a public road that violate stated rules for flow-of-traffic, right-of-way, etc. An “illegal maneuver,” therefore, does not describe a formal concept but rather refers to a blanket category of moving violations.
Typical examples of an illegal driving maneuver include making a right turn from a “Left Turn Only” lane, changing lanes over a double white line, running a red light and so on. Such illegal actions are often made distinct from other moving violations, such as speeding, following too closely or driving under the influence.
The State of Florida does not define an “illegal driving maneuver” explicitly under the law, but Florida Statutes §316.074 provides that all traffic control devices should be obeyed, which includes all signage and indicator devices like traffic lights.
Drivers who perform illegal maneuvers before an accident occurs are often cited as the primary cause of fault for the accident. Fault may still be disputed in complex cases, but an illegal driving maneuver can provide a textbook example of a driver’s negligence.
Furthermore, Florida traffic control devices are placed for logical reasons often based on studies of specific intersections. Therefore, a sign ordering “No U Turn” is placed with the intention to avoid accidents the department of transportation deemed likely. Ignoring the sign not only constitutes an illegal act, but it also deliberately invites risk.
Individuals facing criminal charges or individuals involved in civil litigation regarding damages of an accident should therefore take note of any illegal driving maneuvers relevant to the case.
In the State of Florida, an auto accident personal injury lawsuit requires a demonstrable injury. This injury need not always be physical. For instance, “significant mental distress” can count as an injury in some cases if enough proof can be provided. At the same time, there must be some proof of at least one injury that has already occurred as a direct result of the auto accident.
Therefore, a “possible injury” as the only injury claim must be further investigated in order to pursue legal action against the alleged perpetrator under a personal injury lawsuit. At the same time, a “possible injury” can add weight to existing, evidence-backed injuries. For example, someone can have proof of cracked ribs and a “possible injury” to their spinal cord.
Documentation is still needed, so X rays showing proof of stress on the region in question but not necessarily an injury can compound other, provable injuries in some cases.
Similarly, someone can have a “possible injury” in terms of the projected severity over time. The assumption for most wounds and injuries is that they heal within a predictable timetable. With a known injury, there is a future possible injury in terms of how much functionality will remain lost over time.
An excellent example would be a traumatic brain injury that lead to a coma, and the victim later came out of it. A normally healthy person would likely recover from such an event, but the brain damage can alternatively be a severe “possible injury” that debilitates the person’s functionality over a long period, perhaps even permanently. So in addition to a known, prior concussion and traumatic brain injury, there is also a “possible injury” of a permanently disabling nature.
Another important concept to note regarding “possible injury” is that in the State of Florida, under Florida Statutes § 627.736, car accident victims have only 14 days to file a claim for past and future medical care expenses related to the accident. This statute means that any possible injuries must usually be diagnosed within that time in order to provide the minimum showing for the costs of an injury, even if related “possible injuries” exist connected to it.
In the State of Florida, driving while above the legal limit of Blood Alcohol Concentration (BAC) amounts to a crime. For most adults 21 and over, the legal limit is .08% BAC (the exception being commercial drivers, whose BAC limit is 0.04%). For those under the age of 21, a BAC of .02% or above constitutes a crime.
However, BACs under this limit may also be prosecuted as a crime based on the circumstances and the observed impairment of the driver. For instance, a driver under .08% BAC but who fails a field sobriety test or who admits to drinking heavily before driving could still be successfully prosecuted for impaired driving. Other times, a person can be under the influence of different or multiple substances, such as pain medications or marijuana, and be charged with a DUI.
Florida Statutes §316.193 outlines the criminal penalties for driving under the influence, including increased penalties and charges for consecutive DUIs. Additionally, DUIs committed under certain circumstances, such as with a minor in the car or that caused severe bodily injury or property damages, may carry additional penalties. Each instance of damages while DUI can be charged as a separate first-degree misdemeanor. Accidental deaths resulting from the DUI may be prosecuted as vehicular manslaughter.
Florida law does not prevent those charged or convicted with DUI-related crimes from being subpoenaed for a civil lawsuit relating to damages from their crime. Wrongful death, personal injury and other torts can be alleged against the alleged perpetrator of a DUI crime in order to reclaim damages caused by their actions.
In the state of Florida, drivers are expected to follow the posted speed limit. Drivers are also expected to travel at a speed which is safe for current conditions. The Florida Department of Highway Safety and Motor Vehicles explains that traveling above posted limits or going too fast for conditions can result in a moving violation and points on a driver’s license.
Speeding also substantially increases the risk of auto accidents and can make collisions more severe when accidents occur.
A driver who is speeding has more momentum and a longer stopping distance, and therefore has less time to react to avoid a collision. A speeding driver is also at increased risk of losing control of a vehicle, especially when traveling around a curve. Speeding drivers are more likely to be involved in rollover accidents and single-vehicle accidents, as well as multi-car collisions.
When a driver strikes another motorist or pedestrian, the speed at which the driver was traveling affects the force of the impact. High speed collisions are substantially more likely to be deadly. The AAA Foundation indicates that a pedestrian struck by a vehicle traveling 16 MPH has a 10 percent chance of severe injury while a pedestrian struck by a car traveling 58 MPH has a 90 percent chance of severe injury.
A driver who is speeding and who causes a collision can be held accountable for losses that victims suffer due to the accident. When making an auto accident claim under Florida law, victims generally must prove the driver who they are seeking damages from was negligent or unreasonably careless compared with how an average normal motorist would behave. However, if an accident occurred due to a speeding driver, the violation of speed limit laws creates the presumption the speeder was negligent and is thus liable for losses.
A Florida auto accident lawyer can provide assistance to victims of speeding accidents in pursuing a case for compensation against those drivers who caused crashes to occur.
According to the Florida Department of Highway Safety and Motor Vehicles, a driver of a motor vehicle should not follow behind the car in front of him “more closely than is reasonable and prudent.” In other words, drivers have to leave a reasonable amount of space between their own car in the car directly in front of theirs. If a driver follows the lead vehicle too closely, this is called tailgating.
The Florida Driver License Handbook recommends at last a two to three second following distance for standard passenger vehicles. This means that from the time the front car passes a fixed or stationary object, at least two to three second should pass before the car behind passes that same object. Large semi trucks are advised to maintain a five to six second following distance.
Drivers are also advised to keep weather conditions, traffic conditions and road conditions in mind when determining a safe following distance. If visibility is impaired by rain or fog, for example, motorists may need to leave more than two to three seconds of space in order to be safe. If a driver tailgates, or follows too closely, the driver could be charged with a moving violation, could be fined and could receive three points on his license.
A driver who tailgates also increases the risk of an auto accident. A driver who is following a lead car too closely could strike the lead vehicle if the lead driver must slow or stop for any reason.
The rear driver is generally presumed to be negligent and legally responsible for rear-ending a lead vehicle, because it is presumed he was tailgating due to the nature of the accident. If he had not been tailgating, he should have had time to react to the actions of the driver in the lead and stop in time to avoid a crash.
A motorist harmed by a tailgating accident, or his family, can pursue a claim for losses if serious injury or fatality occurs due to the tailgating driver. A Florida auto accident lawyer can provide assistance in proving the tailgating driver should be held accountable for all losses directly resulting from his decision to follow too closely in an unsafe manner.
In the State of Florida, 9,084 pedestrian collisions occurred in 2015. Florida’s Integrated Report Exchange System reports 632 pedestrians were killed in the same year. Florida’s death rate in pedestrian accidents is much higher than the national average.
Florida is the second most dangerous state in terms of pedestrian deaths in motor vehicle collisions, with only New Mexico having a higher death rate. Palm Beach Post reports 2.96 pedestrians died in Florida for every 100,000 residents. New Mexico, the state with the nation’s highest pedestrian death rate, had a rate of 3.55 fatalities per 100,000 residents. Minnesota, which had the lowest pedestrian accident death rate of all states, had a fatality rate of .27 pedestrian fatalities per 100,000 people.
Pedestrians are more likely to be hurt or killed in motor vehicle accidents in urban, rather than in rural, areas. Seniors 65 and over and young children are the demographic groups with the highest likelihood of death in pedestrian accidents. Even when accidents are survivable, victims of all ages routinely suffer severe and sometimes permanent injuries such as spinal cord or brain damage.
The victim of a pedestrian accident may be able to recover partial payment of medical bills and lost wages through either his own personal injury protection (PIP) coverage or from the PIP coverage of any household member. PIP coverage must be purchased by automobile drivers, and Florida Statute 627.736 explains this type of coverage, as well as the compensation available through PIP following pedestrian collisions.
If another motorist was at fault for the pedestrian accident and serious or fatal injuries were sustained, the pedestrian car accident victim could pursue a civil lawsuit.
In the State of Florida, a statute of limitations restricts the time period in which the victim of a car accident can pursue a claim for compensation. Victims of collisions will generally recover compensation for injury costs from their own insurer after a collision under personal injury protection (PIP) coverage, which drivers must purchase according to Florida Statute 627.736. However, if injuries are sufficiently severe or a collision is fatal, victims or family members can initiate civil litigation (a tort lawsuit) against a driver who caused the crash to happen. The lawsuit must be filed within the statute of limitations.
Florida Statute section 95.11 is the Florida law which determines time limits for different types of civil lawsuits. Car accident cases arise out of driver negligence and the statute of limitations for these types of claims is four years.
If you do not file your lawsuit against another driver within four years, your claim will be time barred. When a claim is time barred, you are no longer able to pursue a claim for compensation because of the statute of limitations. Deadlines for providing notice to your insurer of the intent to recover PIP compensation are shorter, as policyholders must seek treatment within 14 days of the accident and must provide prompt notification of the accident and injuries to the insurer.
It is important to file your civil claim in a timely manner to avoid losing the ability to pursue a cause of action for car accident losses. If you are working on negotiating a settlement with the insurer representing the driver whose actions caused your accident, you may continue pursuing a settlement even after filing a civil court case within the car accident statute of limitations.
In the State of Florida, drivers are not legally required to carry minimum liability coverage. Instead, they must carry $10,000 in Personal Injury Protection (PIP) coverage for themselves, which can also pay for their household members, their children and certain other non-driving occupants in the event of an auto accident.
These requirements mean that since no one is forced to carry minimum liability coverage, accident victims can end up paying for their own injuries through a combination of PIP coverage and out-of-pocket expenses.
Additionally, Florida has the second-highest number of drivers who do not carry the legal limit of coverage. According to the Orlando Sentinel, 23.8 percent of Florida drivers are uninsured — nearly one in four. Therefore, individuals who sustain injuries as a result of an accident may be left with far too little money to pay for their actual medical expenses and other personal injuries, which can easily exceed $10,000 including lost wages.
Insurers willing to grant claims will only pay up to the policy minimum. The rest of the financial burden must either be borne by the victim or by someone deemed at-fault in civil court.
In order to pursue compensation through civil action after an auto accident, a police report should be filed stating ideally that the injury victim was not at-fault for the accident or that they did not share the majority of fault. Then, the victim can file a lawsuit against the at-fault party in order to receive the remainder of their compensation for their injury.
We work tirelessly to get you the compensation you deserve after your accidents. See what we have won on our clients’ behalf:
Settlement for a bicyclist hit and injured by a car
Settlement for auto accident resulting in death
Settlement for a motorcyclist hit by drunk driver
Settlement for auto accident resulting in death
A fair settlement is not what you can expect to receive from the insurance company. Their goal is to reduce payouts on claims so they can remain highly profitable. Our proven and committed legal team understands the tactics these companies regularly use to pay claimants as little as possible. We routinely battle their schemes in and out of court, and have developed effective methods for doing so.
With a legal team of more than 40 lawyers and more than 140 staff, including investigators and other assistants, we have the resources needed to get the job done efficiently. With our No-Fee Guarantee, you can bring your personal injury case to us with confidence, knowing you will pay nothing until we recover the compensation you deserve. Throughout the entire case, we will be by your side, providing the guidance you need.
Driving in South Florida can be described in one word: crazy. You've probably seen some wild driving on Miami's roads. Here are some of the craziest stories from local drivers we interviewed who have seen the worst of the worst.
Learn how to deal with an insurance company after a collision in order to ensure you get your expenses maximized.
Having the following information can give us an advantage on your case.
How familiar are you with the streets of Miami? Whether you have lived here all your life or are visiting for the weekend, there are a few especially dangerous intersections to be careful around. These congested areas are unique in that there are a higher number of accidents here annually than anywhere else in the city.
Just one phone call to Steinger, Iscoe & Greene, and a legal professional from a firm with a strong track record of success will begin working on your case. If you have been injured due to someone else’s negligence or actions in Miami contact us today.
Your initial consultation is free, and there is no obligation to hire us if you aren’t satisfied. We will review the details of your case and advise the next steps you should take. Fill out this form or call today at (786) 224-4330 for your free case evaluation.