Boca Raton Car Accident Attorney
We are Barthelette Law, and it would be our privilege to be your Boca Raton car accident attorney.
In Florida, there are over 17 million licensed drivers, with over 17 million registered vehicles. With so many drivers on the road, it is no surprise that car accidents happen so frequently. In 2019, there were over 400,000 traffic accidents, with approximately twenty-five percent occurring in Palm Beach, Broward, and Miami-Dade counties. And in 2020, there were over 336,000 crashes in Florida.
Car accidents can be overwhelming. In an instant, your health, family life, and work-life can be changed, sometimes permanently. At Barthelette Law, we are acutely aware of these realities and prepared to provide sound legal counsel to guide you through the often difficult process. Indeed, we will be at your side every step of the way.
Boca Raton, while a wonderful place to live, can be dangerous for drivers. Because of Boca Raton’s vibrant and thriving business community, thousands of people commute to Boca Raton for work. Additionally, recent studies have shown that in peak season certain roads see tens of thousands of cars each day. For example, in 2018 peak traffic included:
- Glades Road (west of Military Trail) had a daily volume of 72,593 vehicles
- Palmetto Park (east of Military Trail) had a daily volume of 60,730 vehicles
- Glades Road (east of Powerline Road) had a daily volume of 57,666 vehicles
- Glades Road (east of Butts Road) had a daily volume of 57,451 vehicles
- Palmetto Park Road (east of I-95 ramps) had a daily volume of 56,276 vehicles
- Yamato Road (west of Military Trail) had a daily volume of 41,241 vehicles.
Other heavily trafficked roads include Spanish River Boulevard, St. Andrews Boulevard, Boca Raton Boulevard, and Clint Moore Road. Not surprisingly, with such a heavy volume of traffic, you can expect to see Boca Raton car accidents.
Here are some of the most commonly asked questions we receive from our car accident clients. This will provide helpful information.
Table of Contents
- Do I have grounds to file a car accident claim?
- What duties do drivers have under Florida law?
- Do I need to contact a lawyer for my car accident?
- When should I contact a lawyer for my car accident?
- How do I report a car accident?
- What do I do if an uninsured driver hits me?
- Can I file a claim against a hit-and-run driver?
- What are the most common causes of car accidents?
- What steps should I take after a car accident?
- What is PIP coverage?
- What is uninsured motorist coverage?
- How much is my car accident case worth?
- Why are you the right firm for my car accident case?
- How do you prove the driver was negligent?
- What if the other driver was texting?
- Will I have to file a lawsuit for my car accident?
- What is a demand letter for a car accident?
- Will I have to give my deposition for my car accident?
- What if I just want to settle my car accident claim?
- What are the most common car accident injuries?
- Can I settle my car accident case without going to trial?
- When do settlement discussions begin in car accident cases?
- Can I call my car accident lawyer at any time?
- Can I recover the damages to my car?
- How do car accident attorneys charge for their services?
- How long do car accident cases take?
- What if I was not wearing my seatbelt?
- Are car accident reports public records?
- What damages can I recover for my car accident?
- What if I was injured by an Uber driver?
- Can my spouse recover damages if I was injured in a car accident?
- Can a car accident cause PTSD?
Do I have grounds to file a car accident claim?
To determine whether you have grounds to file a car accident claim, there must be evidence showing the other driver was negligent. This means the driver violated one (or more) of his or her duties on the road.
Oftentimes, it may be difficult to determine whether you have grounds to file a car accident claim. This is partially because you were in a car accident and may not have an outsider’s perspective on the accident.
A Boca Raton car accident attorney will know what facts and evidence to look for in a car accident – facts and evidence that you may not have considered.
So it is very helpful to have a Boca Raton car accident attorney review the facts and details of your claim, and help determine whether you have grounds to file a car accident claim.
What duties do drivers have under Florida law?
Under Florida, law drivers have a duty to use reasonable care on the roadways and to avoid accidents. This includes other drivers in front of them, other drivers behind them, and all individuals in the foreseeable zone of danger.
Do I need to contact a lawyer for my car accident?
As with almost all legal claims, you are certainly within your rights to represent yourself for your car accident. But I would not recommend it.
Car accident claims can involve many complex issues. An experienced Boca Raton car accident lawyer will be familiar with these issues and know the best course of action.
Plus, an experienced Boca Raton car accident lawyer will help relieve a significant amount of stress. Lawyers must provide zealous advocacy. Knowing you have a zealous advocate protecting your interests is comforting.
When should I contact a lawyer for my car accident?
After a car accident, your first priority must be your health and safety. Seek medical treatment and make sure your health is stable.
However, people might think they have to fully recover before they contact a Boca Raton car accident lawyer. I would advise against this.
After a car accident, the negligent driver’s insurance company is likely taking steps to investigate the accident. This includes interviewing witnesses, investigating and photographing the accident scene and vehicles, and getting copies of any accident reports.
You need to do the same.
As time passes, it becomes increasingly more difficult to gather evidence and prove your case. Witnesses’ memories can fade, you may not be able to take photographs of your injuries, and you may not be able to take photographs of the damaged vehicles. This is important evidence.
For a detailed discussion on this topic, check out my blog post on this issue, which you can find here.
How do I report a car accident?
To report a car accident, first call the police. The police will come to the accident scene and make a record of the accident in an accident report. This is quite important, as the police will note any damage to the vehicles, whether there were witnesses to the accident, whether there were any injuries, and whether any party was at fault for causing the accident.
Importantly, the accident report confirms and documents the accident. Believe it or not, if there is no accident report the negligent party may try to minimize the severity of the accident or may deny it even happened.
So it is vitally important to contact the police and report the accident.
Next, contact your insurance company. Your insurance company will ask you about the details of the accident, including whether you were injured, whether your car sustained damage, and help establish your personal injury protection benefits.
What do I do if an uninsured driver hits me?
In an excellent report by ValuePenguin, ValuePenguin found that Florida has the highest estimated percentage of uninsured drivers in the United States at 26.7%! ValuePenguin’s report can be found here.
However, you still can pursue a car accident claim if you have uninsured motorist coverage in your auto insurance policy. What exactly is uninsured or underinsured motorist coverage? This is coverage that your car insurance provides when you are involved in a car accident with an uninsured or underinsured driver.
So, for example, if you are involved in a car accident with an uninsured driver but have $100,000 in uninsured motorist coverage, you may be entitled to these benefits to help pay for your medical bills, pain and suffering, and lost wages. Indeed, uninsured motorist coverage provides valuable benefits!
As a Boca Raton car accident attorney, I have helped personal injury clients who were the victims of uninsured drivers.
Can I file a claim against a hit-and-run driver?
Yes.
Hopefully, the police or your Boca Raton car accident attorney is able to identify the hit and run driver. If they are, you then should be able to file a claim against the hit-and-run driver’s insurance company.
To learn more about identifying hit and run drivers, read here.
What are the most common causes of car accidents?
Car accidents can have several causes, including:
- Distracted driving;
- Fatigue;
- Speeding;
- Drugs and/or alcohol;
- Aggressive driving; and,
- Ignoring traffic signs and signals.
In my experience as a Boca Raton car accident attorney, however, no two car accidents – and clients – are alike. Every accident has its own, unique set of facts requiring special care and attention. And my clients’ injuries vary greatly from client to client.
What steps should I take after a car accident?
After a car accident, first, make sure you and your occupants are safe and out of harm’s way. This means getting away from oncoming traffic and any other dangers.
Second, contact the police. The police will come to the accident scene and document the accident, contact emergency services if needed, interview witnesses, and issue traffic citations.
Third, seek medical treatment right away. Make sure to schedule and keep all of your medical appointments.
Fourth, contact a Boca Raton car accident attorney. A Boca Raton car accident attorney will help you file a personal injury claim and recover compensation for all of your losses.
What is PIP coverage?
Personal injury protection (“PIP”) coverage is coverage under your automobile insurance policy that provides $10,000 in medical care coverage for your injuries and for your lost wages that you sustain following an accident. You are required to have this coverage in your automobile insurance policy.
Importantly, in order to activate your PIP benefits, you must seek medical treatment within 14 days. If you don’t seek treatment within 14 days, your PIP benefits will not apply. So you must act quickly.
PIP benefits are important for many reasons. In addition to providing important and needed medical care coverage, you do not have to repay your automobile insurance company back for those PIP benefits it provided to you. So the $10,000 in benefits generally has no strings attached to it. This is different than your private health insurance, which has the right to be repaid for those medical bills it paid that are related to the accident.
What is uninsured motorist coverage?
Uninsured motorist coverage is optional coverage under your automobile insurance policy which provides insurance coverage in the event you are injured by an uninsured motorist.
I strongly suggest that you get uninsured motorist coverage. Given a large number of uninsured drivers in Florida, this coverage will protect you in the event you are injured by an uninsured driver.
Let’s go over an example. Say you were involved in an accident with an uninsured driver. As a result of the car accident, you incur $25,000 in medical bills and miss 2 months from work. Without a doubt, this accident will hit you emotionally, as well as your pocketbook! If you have uninsured motorist coverage, it will help compensate you for these losses – both financial and emotional.
How much is my car accident case worth?
This is perhaps the most common question I get from my clients. And understandably so – your personal injury settlement covers all of your expenses, including medical bills and lost wages – and hopefully provides a financial cushion that will protect you moving forward.
I’ve discussed this issue in-depth on my blog. The post can be found here.
Importantly, case value can’t be determined right away. This is because it takes time to determine the extent of your injuries, the amount of your lost wages, and how the accident affected you emotionally. These factors take time to develop.
Nevertheless, there are several factors to consider.
First, you have to consider the liability of the parties. Was the driver that allegedly caused the accident clearly at fault? Is there liability or fault on both parties? The answers to these questions will impact case value. The more blame rests on the negligent driver, the more you are likely to recover.
Second, you have to consider the extent of your injuries. Generally, the more serious your injuries the more your case is worth. This makes common sense. For example, if the car accident caused you to have back surgery, you will likely experience a great deal of pain, require therapy and rehabilitation, have large medical bills, and experience considerable emotional pain and suffering. By contrast, let’s say the car accident caused only minor injuries, your recovery was quick, and your emotional impact was limited. Obviously, the first accident example will generally be worth more than the second accident example considering the overall impact it had on your life.
Third, you need to consider your future medical care costs. In some cases, these costs may be relatively small and include only general check-ups. In other cases, these costs may include future surgeries and therapies, which can cost hundreds of thousands of dollars. So you need to know what your future medical care costs will be.
Fourth, you need to consider the impact on your job. Have you missed time from work? Has your job been impacted such that you cannot perform the same functions? Will you miss work in the future? The greater the impact on your work, the more your case is worth.
Fifth, you need to consider the emotional impact of the car accident. Simply put, there is no precise way to value your emotional pain and suffering. Each client is different. But let’s consider a few examples. A person was involved in a car accident and as a result, lost an arm. The loss of the arm – as you can imagine – will not only be devastating emotionally but also result in serious changes to the person’s daily activities and lifestyle. As you can imagine, this accident will cause a great deal of pain and suffering. Here’s another example. Let’s say a person was involved in a car accident and broke a finger. The broken bone healed quickly without much pain, and the person did not miss work or experience any change in lifestyle. In this example, you can see that the pain and suffering would not be as high as the first example.
Sixth, you need to consider the available insurance coverage. Does the negligent driver have insurance? If so, how much? Do you have uninsured motorist coverage? If so, how much? I have been involved in catastrophic injury cases where medical bills have been hundreds of thousands of dollars and liability was clear. Yet, the negligent driver only had $10,000 in bodily injury insurance. So as you can see, there was nowhere near enough insurance coverage for the injured party.
As you can see, determining case value involves many factors. Every case is different, and so you have to consider the unique facts of your case when determining what your case is worth.
Why are you the right firm for my car accident case?
Before you hire a Boca Raton car accident attorney for your car accident case, I believe it is critical to meet with him or her in person. You must be comfortable with your lawyer, and make sure his or her personality and approach are consistent with yours.
That’s why I meet with my clients in person before accepting their cases. I want my clients to be comfortable with me before representing them.
I have handled hundreds of car accident cases during my legal career, both as a lawyer representing insurance companies and now as a lawyer representing car accident victims. Because of my experience, I am able to see car accident cases from both sides. I know how insurance companies evaluate cases, and I know the pain and stress car accident victims face when they are injured in an accident.
It would be my privilege to be your Boca Raton car accident attorney. To learn more about me, click here. And to read more about why you should choose Barthelette Law, click here.
How do you prove the driver was negligent?
In some cases, proving a driver was negligent is straightforward. For example, if a careless driver hit you from behind, under Florida law it is presumed the careless driver was at fault.
In other cases, proving a driver was negligent may not be so straightforward. For example, if there is a question of whether a party drove through a yellow or red light, this may require you to interview witnesses, analyze the accident scene and vehicles, and retain experts in order to prove liability.
What if the other driver was texting?
As we all know, texting and driving is incredibly dangerous. Yet, many Florida drivers still text while driving.
Under Florida Statute Section 316.305, which went into effect January 1, 2019, law enforcement may issue citations (which include a fine) for drivers who text and drive.
What if the other driver hit you while texting? If the other driver was texting, it shows that they were likely distracted when the accident occurred and most likely at fault.
Not surprisingly, though, the driver may deny he or she was texting while driving. How can you prove the driver was texting and driving? To preserve a driver’s cell phone records, we will send a letter to the driver’s insurance carrier demanding the driver preserve all cell phone records, including text messages.
Then, if we have to file a lawsuit for the accident, we will send a subpoena to the driver’s cell phone carrier and ask for all cell phone records and data at the time of the accident.
Will I have to file a lawsuit for my car accident?
Maybe.
Before we file a lawsuit, we will attempt to settle your car accident claim with the driver’s insurance company through a demand letter. If the driver’s insurance company makes a fair settlement offer that considers all of your damages, then you should consider accepting it to avoid having to file a lawsuit.
However, if you have to file a lawsuit for your car accident, you should not worry. As your Boca Raton car accident attorney, it is my job to guide you every step of the way and teach you about car accident lawsuits. By doing so, I find this greatly reduces my clients’ stress and concerns.
What is a demand letter for a car accident?
A demand letter is a letter you send to the other driver’s insurance company in which you demand a specific amount of money to settle your car accident claim.
Typically, you send a demand letter once your injuries have healed or when you know your injuries will not get worse. This is because you want to make sure your demand letter includes all of your potential damages, including any future medical care costs. If you send your demand letter too early, you may not know whether or not you need future medical care.
So it’s important to send your demand letter at the right time.
The demand letter contains several important parts. First, the demand letter will discuss liability and explain why the insurance company’s driver was at fault for causing the accident. Second, the demand letter will discuss your medical treatment and injuries and include all relevant medical records and medical bills. Third, the demand letter will explain how the accident has impacted your life, including any pain and suffering as well as lost wages. Fourth and finally, the demand letter will include a monetary demand that the insurance company must pay within a set period of time – usually 30 days.
To sum up, demand letters are quite important and should not be overlooked. Demand letters should be detailed, including all relevant documents and records, and explain your case.
Indeed, demand letters provide a valuable opportunity to settle your case early and avoid lengthy litigation. If you would like to read more about demand letters in car accident cases, click here.
Will I have to give my deposition for my car accident?
Yes.
If you file a lawsuit for your car accident case, you will likely have to give your deposition. But don’t be nervous; with proper preparation, depositions will often go much smoother than you would expect. To learn about what you should do before and during your car accident deposition, click here and here.
What if I just want to settle my car accident claim?
Many clients believe that lawyers control and have the final say on settlement. This is not true. Clients have the final authority as to accept or reject settlement offers.
As your Boca Raton car accident attorney, one of my jobs is to counsel you on settlement offers. If the other driver’s insurance company makes a settlement offer, I will help you evaluate it and decide whether it is fair, reasonable, and contemplates all of your potential damages.
Again, you as the client control the decision to settle your car accident claim. A lawyer cannot force you to settle.
What are the most common car accident injuries?
Car accident injuries can range from minor to severe. Regardless of the severity of your injuries, we will fight to get you the compensation you deserve and help get your life back on track.
The most common injuries include:
- Whiplash;
- Strained ligaments;
- Chest injuries;
- Internal injuries;
- Neck injuries;
- Nerve and spinal cord injuries;
- Paralysis;
- Lost digits and limbs;
- Paraplegia and quadriplegia;
- Brain injuries; and,
- Broken bones.
To win compensation for your injuries, we have to prove that the other driver was negligent and caused your injuries.
Can I settle my car accident case without going to trial?
Clients frequently wonder whether they will have to go to trial for their car accident case. The answer is “maybe,” and depends on the particular facts and circumstances of your case.
At Barthelette Law, we begin preserving evidencing and preparing your case as soon as you select us as your Boca Raton car accident attorney. This means we contact potential witnesses, gather medical records, and gather evidence regarding the accident. With this information, we will send a demand letter to the at-fault driver’s insurance company to see whether your car accident case is settled without having to file a lawsuit. If the insurance company makes a fair settlement offer and you accept it, then you do not have to file a lawsuit and go to court.
If they do not, we will file a lawsuit and get your case ready for trial. While the vast majority of civil cases settle, we will prepare your case as if it is going to trial.
When do settlement discussions begin in car accident cases?
Generally, there is no specific time as to when settlement discussions begin in car accident cases. However, if liability or fault is clear and your injuries are significant, the insurance company may want to begin discussing settlement immediately. However, even this does not guarantee settlement discussions will begin early, as some insurance companies may refuse to resolve the claim despite the fact that its driver was negligent.
Can I call my car accident lawyer at any time?
At Barthelette Law, you can call me anytime and speak with me directly about your car accident. Additionally, I am available for both in-person and video conference meetings.
At Barthelette Law, you can expect to have access to me at any time – not just at depositions or other important events. Further, you speak with me, not a case manager or paralegal.
I am here to answer all of your questions, discuss your concerns, and fully explain the personal injury process.
Can I recover the damages to my car?
Yes.
At Barthelette Law, we will help you get compensation for the damages to your car.
Additionally, we will explain how your insurance policy provides coverage for rental cars.
How do car accident attorneys charge for their services?
A Boca Raton car accident attorney charges what is called a “contingency fee.” A contingency fee is simply the percentage a Boca Raton car accident attorney receives from a personal injury settlement.
Let’s use a simple example to show how contingency fees work.
Let’s say your Boca Raton car accident attorney recovers a $10,000 settlement. If the car Boca Raton accident attorney’s contingency fee is 33.3%, the Boca Raton car accident attorney’s fee is $3,330 (or 33.3% of $10,000). So $3,330 would be subtracted from the $10,000 settlement and would go to the car accident attorney. Your recovery would be $6,670.
The Florida Bar regulates the contingency fee a car accident attorney may charge a client. In fact, Rule 4-1.5(f)(4)(B) provides specific guidelines on what personal injury lawyers can charge clients.
If you would like to read more on this topic, click here.
How long do car accident cases take?
Generally, civil cases can take anywhere from 1 to 3 years. There are several reasons for this, including that it often takes time to heal from your injuries.
Additionally, because of Covid-19, there have been delays with civil jury trials. To read more, click here.
Nevertheless, we will move your case as quickly as we can without sacrificing quality.
What if I was not wearing my seat belt?
While we all know we should wear our seat belts, the fact remains that some drivers choose not to wear their seat belts.
Yet, even if you don’t wear your seat belt in a car accident, you still have a viable claim against the negligent driver.
In cases where an injured party does not wear his or her seat belt, the insurance company will raise the “seat belt defense.” This defense allows the insurance company to argue that your injuries were worse because you did not wear your seat belt.
For example, if a jury finds that you are 50% at fault for causing your injuries because you did not wear a seat belt, any judgment will be reduced by 50%.
Notably, insurance companies will look to see if the seat belt defense is available. In all Florida traffic crash reports, there is a section called, “Restraint System,” in which the investigating officer will note whether or not you were wearing your seat belt. If you were wearing your seat belt, it will likely state, “shoulder and lap belt used.” If you were wearing your seat belt, make sure the investigating officer knows this important fact.
As a reminder, always wear your seat belt! If you would like to read more on this topic, click here.
Are car accident reports public records?
Under Florida Statute Section 316.066, car accident reports become public records 60 days after a car accident.
What damages can I recover for my car accident?
You can recover damages for lost wages, future loss of income, past medical expenses, future medical expenses, and damages for your past and future pain and suffering.
Notable, when it comes to damages for emotional and mental losses, there is no precise formula to determine your damages. Florida’s jury instructions state the amount of these damages “should be fair and just in light of the evidence.”
What if I was injured by an Uber driver?
Uber drivers, like all other drivers, are required to carry insurance. However, an Uber driver’s insurance requirements are different than a normal Florida driver.
When the Uber driver’s app is on but the Uber driver does not have a passenger, the Uber driver is required to have at least $50,000 in bodily injury coverage per person, $100,000 of bodily injury coverage per accident, and $25,000 of property damage liability per accident.
When an Uber driver has a passenger, the Uber driver’s Uber policy provides $1 million in coverage for bodily injury and property damage.
Can my spouse recover damages if I was injured in a car accident?
If you were injured in a car accident, but your spouse was not in the car, your spouse still has a damage claim. The claim is called a “consortium claim.”
A consortium claim is a secondary claim that allows your spouse to recover damages for lost companionship and reduced quality of life as a result of the injured spouse’s permanent disability or wrongful death.
If your spouse was seriously injured in a car accident, the dynamics of your marriage will change. The injury will affect your physical intimacy, the quantity and quality of the time you spend together, and the responsibilities the uninjured spouse must now carry for the entire family. Indeed, a car accident can greatly impact the non-injured spouse’s life. Consortium claims are designed to compensate spouses for these losses.
Can a car accident cause PTSD?
Yes, a car accident can cause PTSD. I discuss this issue in-depth in my blog, which you can find here.
In a comprehensive study by Dr. J. Gale Beck and Dr. Scott F. Coffey, the doctors noted that car accidents can cause PTSD.
What is more, the study noted that a surprising percentage of car accident victims had PTSD. Specifically, after analyzing over two dozen studies the doctors found that 25-33% of car accident victims had PSTD.
Indeed, this is a large percentage of car accident victims.
So yes, it is possible to get PTSD as a result of a car accident.
Call Today To Get Help From A Boca Raton Car Accident Attorney
At Barthelette Law, we have many years of experience handling car accidents, and our website and blog will answer all of your key questions.
If you or a loved one are involved in a car accident, call Barthelette Law today to schedule a free consultation at (561) 246-4137.
Contact
Phone
Address
1900 Corporate Blvd NW
Suite 215 East
Boca Raton, FL 33431