Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
In one recent year, 341,399 total car wrecks occurred in Florida, which translates to over 900 crashes a day. About 10 percent of these crashes happen in the Orlando area.
Orlando has many crash risks, most of which involve driver error. Distracted driving and driving under the influence are two of the main causes of collisions, but any violations of traffic laws or safety standards can lead to an accident.
It is important to understand the common circumstances when car accidents occur so that you can do your best to take precautions to avoid accidents. However, no matter how safe and aware you might be, other drivers can still make mistakes that lead to a crash.
Many crashes happen at night when it is more difficult to see, and people are more likely to be intoxicated. High tourism times can also increase accidents, as visitors to Orlando might be unfamiliar with roads, make wrong turns, and make other mistakes that cause accidents.
That said, accidents can happen at any time of the year, day or night. Always know what to do if you suffer injuries in an Orlando car crash. Begin by contacting a car accident attorney.
Important Considerations
When considering when accidents are likely to occur, keep in mind common characteristics of car accidents, including:
- The time of the day. Is it rush hour? Are people rushing to get to work or out of work? Is it sundown? Statistics show that many Orlando accidents, particularly fatal crashes, happen from midnight to 4 am.
- Vehicle type. Certain types of vehicles tend to be involved in accidents, such as SUVs, vans, or large trucks. In Florida, SUVs lead the statistics in terms of crashes, followed by motorcycles, mopeds, trucks, buses, and motorhomes.
- Road conditions, such as potholes.
- Inclement weather, such as heavy rain. In Orlando, you may experience dense fog to the extent that you cannot clearly see the road. Many drivers speed or fail to take precautions in adverse weather conditions.
- The drivers involved. For example, aggressive, intoxicated, distracted, and otherwise reckless drivers can make poor decisions behind the wheel.
- Parties involved, including pedestrians crossing at dangerous crosswalks or cyclists sharing the road with drivers without a proper bike path.
Regardless of these factors, be sure to:
- Wear a seatbelt
- Avoid driving at night or past midnight if possible
- Have an emergency contact
- Ensure your airbags are functioning properly
- Frequently maintain your car such as checking tires and replacing tires
- Pull over or exit the freeway if someone is acting in a manner that threatens your safety
- Avoid road-rage drivers
- Be well-rested when you are driving
- Don’t take medications that make you drowsy
- Take your time, don’t rush
- Pay attention and put your phone away
- Take the safest route to your destination
- Let loved ones know where you are
While you can take certain steps to protect yourself and increase your chances for safety, some accidents will happen despite your greatest efforts due to the conduct of others.
Perhaps the other driver is engaging in such reckless behavior that you cannot escape harm’s way.
Common examples of negligent conduct behind the wheel include:
- Speeding excessively or driving erratically or uncontrollably
- Veering into oncoming traffic
- Distractions such as texting, speaking on the phone, taking pictures, or video chatting while driving
- Driving while fatigued or sleepy
- Driving recklessly and rushing to get to work or an appointment
- Behind the wheel of a defective vehicle or a vehicle type more likely to crash or rollover
- While intoxicated or under the influence of drugs that exceeds the legal limit
- Through a dangerous intersection or freeway
Negligent driving combined with road conditions, bad weather, and lack of lighting is a recipe for disaster.
Take, for example, the case of a driver who is sleepy behind the wheel. Drowsy driving is so common that it contributes to over 300,000 nationwide accidents. Sleepy drivers already experience a loss of abilities behind the wheel. When an already fatigued driver hits bad weather, heavy traffic, or other conditions, it can lead to a life-threatening situation for others.
In these cases, you may have a car accident claim. You must prove that another driver was negligent and hit your car, causing your injuries.
Negligence
If the drivers involved in the accident displayed carelessness, as in the examples above, you should speak to an attorney about a possible negligence cause of action.
Specifically, for your Orlando attorney to successfully prevail on your behalf in a negligence car accident case, they will need to prove certain elements.
These elements are:
- Duty of care
- Breach of duty of care
- The breach caused injuries
- Injuries resulted in damages
Concerning the first element, all drivers must exercise a duty of care to all foreseeable plaintiffs, which includes all other people on the road. A driver exercises this ordinary duty or care by driving responsibly with caution and following all traffic laws. The examples above, such as reckless driving and speeding beyond the limit, are conduct that breaches the duty of care. In such a case, a car accident attorney can file a cause of action on your behalf under a negligence theory.
When you bring a negligence claim with an insurance company or the court, they will thoroughly examine the facts to determine if you sufficiently proved each element of negligence.
If an attorney can prove the driver or parties’ negligence, then the insurance company or court will likely rule that the parties acted negligently and award the appropriate damages. Damages should put the injured party back in the position they were in before the accident happened. While money cannot turn back time or cure your injuries, it can help provide support and compensate for your losses.
Liable Parties
An experienced car accident attorney can best determine all of the liable parties for your accident to increase your chances of receiving total compensation.
Generally, a major dispute involves who caused the accident and should be accountable for the injuries sustained by victims. In many cases, the answer is far from simple, and there may be more than one party that might be responsible.
For instance, a defective automobile might result in a multi-vehicle accident that became worse because another driver was under the influence. An employer can also be negligent in hiring a dangerous driver, and the driver then drives while texting and causes a crash.
Multiple responsible parties increase the likelihood of obtaining the maximum compensation for victims.
Depending on the facts of the case, your attorney will strategize how to approach your claim. To get the process started to prove liability, your attorney might request and review the accident report, witness statements, and other available evidence, such as video footage. Your attorney can help to track down video surveillance, if it exists, to prove your case.
You can help your attorney by providing any information you obtained at the scene, such as witness contact information. Some people need emergency medical attention and cannot gather any evidence at the scene. This does not make it impossible for you to recover financially for your injuries, as your lawyer knows other methods of evidence gathering to prove negligence.
Avenues for Compensation
Your attorney can help you determine your best legal options based on your priorities and legal needs. Be sure to communicate these priorities because this is how your attorney can help you achieve the best outcome for you and your situation.
Most cases begin with insurance claims against the at-fault party’s policy. You want an attorney to handle this process for you. After your lawyer presents your claim and negotiates with insurance adjusters, you might receive a fair settlement offer and resolve your case then and there.
If the insurance company does not cooperate and offer enough to cover your losses, your attorney can prepare your case for litigation. Filing a lawsuit does not mean you will go to court, but it does mean that a trial is a possibility if necessary.
Damages From Your Injuries
As discussed above, the injured party must prove damages to collect compensation. Insurance companies will not simply agree to pay you without proof of your losses.
It is not enough to merely say you are hurt. It will not be effective, as insurance companies will not just take your word for it. You need to show the actual harm you sustained and how the harm cost you financially and intangibly.
Damages can include compensatory economic damages or non-economic injuries.
You may be most familiar with economic damages such as:
- Physical injury
- Loss in wages or income due to an accident
- Medical expenses of treatment you received because of the crash and the ongoing care you will require to get back to good health
- Damage to property, commonly to your vehicle, and the cost of repair or replacement
Non-economic damages are not tangible but still make you suffer.
This includes the pain and suffering you experienced due to your injuries, including but not limited to:
- Emotional and mental health struggles, such as depression, anxiety, PTSD, and fear of driving
- Loss of companionship and support from a lost loved one that passed away in the accident
- Diminished quality of life because the accident has taken the joy out of activities you once enjoyed
Proving Damages
Your car accident attorney should have the skills and experience to effectively prove damages and establish the link between your damages and the other party or parties’ conduct.
Depending on your specific injuries, your attorney will ensure that you prove the existence and severity of your condition. As listed above, where the accident left you with physical injuries, then your attorney can obtain medical records and bills to prove these injuries and related expenses. With respect to more complicated losses, such as pain and suffering, your attorney will help you find the most effective way to prove these, such as through journal entries and therapy notes.
Speak to a Car Accident Attorney
Take the steps today to have an Orlando attorney represent your legal needs. You can search for car accident lawyers online, ask for referrals, and more. Once you have identified a possible attorney, you can call or email to schedule an initial meeting, known as a consultation.
At this meeting, bring any documents that relate to your case. Importantly, ask questions you prepare beforehand. Remember that the person you are meeting with will have the role of representing your best legal interests and your legal needs, so you want to make an educated decision.
Before forming an attorney-client relationship, you should feel comfortable sharing information and asking questions. Essentially, you are meeting to see if you are the right fit to work together, so take advantage of this face-to-face opportunity.
After you meet, assess whether you feel good about the communication between you. The attorney will present your legal options to you as part of the initial consultation. They should tell you whether they believe you have a strong case and how they want to proceed.
The Benefits of Obtaining Legal Counsel
An attorney is best positioned to help you:
- Interpret the laws that apply to your case, including negligence
- Answer challenging questions
- Gather evidence and analyze it
- Communicate with and submit claims to insurers
- Make efforts to maximize your compensation
- Negotiate or advocate on your behalf
- Help you file your case within the strict time frame
- Take care of the case on your behalf while you focus on healing your injuries, thereby reducing your stress
- Win your case!
After enduring a distressing auto accident and injuries, you need professional support while you focus on your physical recovery. Find the best car accident attorney in the area to advocate on your behalf.
An experienced Orlando personal injury attorney can help you navigate your options and the complex legal process. For these reasons, do not delay. Get started with your free consultation today!
407-422-4529