Have You Been Involved in a Car Accident?
- Who was at fault? Is it clear or complicated?
- Do the other parties have insurance?
- Did all who were involved stay at the scene?
- Was any part of the accident due to a defective part?
- Were there any road hazards involved in the cause?
- Was anyone driving a rental car?
- Was anyone intoxicated or distracted?
- Do you have insurance?
Do not speak with an insurance company about your crash until you talk to a lawyer. What you say can and will be used against you to determine fault and to reduce your claim for rightful compensation.
Why Hire a Car Accident Attorney?
If you or a family member has been involved in a car accident resulting in an injury, you may now be facing injuries to overcome, time out of work, and related emotional trauma. You may also be dealing with medical administrators, hospital billing departments, and insurance company claims adjusters at a time when you are already overwhelmed.
Let the Law Offices of Eric A. Kay help you through the process. The initial consultation is completely free and there is no obligation. We can discuss the facts of your case and your options in that first meeting. If you choose to retain our services to help you become fully compensated for your injuries, pain, time off the job, and long term needs, the entire process is handled without you ever paying anything to start.
We Only Get Paid When You Get Paid
The last thing you need right now is to have to dip into your depleted checking account or use your credit card for one more expense. We understand your position and upon being retained we investigate your case, negotiate with the insurance company on your behalf, file all necessary paper work, and keep you fully informed without taking a fee from you. Our fee is earned and paid when the insurance company or party at fault settles with you to your satisfaction, or when the court hands down a judgment against the insurance company or party sued.
Who Was At Fault?
Florida auto accidents caused by reckless, negligent or drunk drivers contribute to the loss of time at work, personal property, health and even life. Automobile accidents give rise to the majority of personal injury claims in the United States. According to the National Highway Traffic Safety Administration (NHTSA) every 10 seconds someone is involved in a car accident.
Determining who is at fault in an auto accident is a matter of deciding whether any of the parties involved operated their vehicle in a reckless or negligent manner. A person who exhibits a total disregard for the safety of others on the roadway may be deemed reckless while a party who fails to exercise "reasonable care under the circumstances" may be deemed negligent. If the reckless or negligent conduct of a party injures or damages another, the at fault party will generally be required, either individually or through their insurance, to pay for any and all damages and injuries.
The injured person or party is known as the plaintiff. The party being sued is known as the defendant. In a personal injury action that involves an auto accident, a plaintiff must prove that the defendant was negligent, that the negligence caused the accident, and that the injuries or property damage was the result of the accident. Determining fault may be challenging in certain cases, particularly where there are multiple witnesses with differing versions of what happened. In some accidents it may even be necessary to bring in accident reconstruction experts to utilize skid marks, damage to the vehicles, and other physical elements from the accident scene.
Some factors in determining whether a driver was negligent may include, but are not limited to:
- Did the driver disobey traffic signs, signals, or road markings?
- Was the driver traveling in excess of the posted speed limit?
- Was the driver guilty of driving under the influence of drugs or alcohol?
- Did the driver disregard weather or traffic conditions?
- Was the driver distracted, texting or talking on a cell phone?
- Was the driver asleep at the wheel?
- Were there improper lane changes or failures to maintain a single lane by the driver?
- Did the driver fail to signal while turning?
Defects in manufacturing or errors in installation can sometimes cause automobile parts to fail. As a result of these failures individuals may receive substantial injuries, without being at fault. A car that fails to steer or stop as expected is a dangerous instrumentality that can cause catastrophic injuries to both the operator and any parties in the immediate area. In such cases, it may be appropriate to pursue an action against the manufacturer, supplier, or installer of the part involved. Courts generally treat products liability as a "strict liability tort," meaning that if the plaintiff can establish injury and damages as a result of an automobile part that simply failed, the court can hold the manufacturer or seller liable for the damages regardless of whether or not they acted negligently.
Call Now 954-330-8994
If you or a loved one has been injured in an automobile accident you may be able to seek monetary compensation for injuries and damages. Call today for a free consultation with one of our experienced personal injury lawyers at