Car Accident Attorneys
Millions Recovered for Motor Vehicle Accident Victims
Every year, millions of Americans are involved in motor vehicle accidents, many of which result in serious bodily injuries and deaths. Sadly, the majority of car accidents are entirely preventable, occurring only because someone acts carelessly, negligently, or wrongfully.
At Fischer Redavid PLLC, we help victims of automobile accidents fight for the fair compensation they are owed. If someone else was at fault for the accident that caused your injuries or the tragic death of your loved one, we invite you to reach out to our team right away to learn how we can stand up for your rights and seek the justice you deserve. When you work with Fischer Redavid PLLC, you receive a dedicated team consisting of one attorney and one paralegal, so you always know who to contact with questions and concerns. Your team is dedicated to guiding you through the legal process and working directly with you every step of the way.
Our firm has multiple locations and proudly serves communities throughout Florida, Georgia, and the U.S. Virgin Islands.
Common Causes of Car Accidents
Most car accidents are the result of negligent or reckless behavior, meaning they should have never occurred in the first place.
Specifically, some of the most common causes of car accidents include:
- Distracted driving
- Texting or using a cellphone while driving
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way
- Dangerous or illegal turns
- Following too closely, or tailgating
- Unsafe merging, passing, and lane changes
- Fatigued driving
- Aggressive or reckless driving
- Road rage
- Auto defects
- Defective or dangerous road conditions
- Poor road maintenance
When an accident occurs as a result of someone else’s negligence, the injured party could be entitled to legal action. By filing a car accident claim with your insurance company or the at-fault party’s insurance provider, you can seek financial compensation for certain damages, such as medical expenses, lost wages, loss of earning ability, and pain and suffering.
Determining Liability in Your Car Accident Case
One of the most important elements of your car accident injury claim is the issue of liability. Liability refers to a person or party’s legal responsibility to pay the economic and/or noneconomic damages of another, injured party. When someone causes injury to another person through negligence or wrongful acts or omissions, they are generally liable for the injured party’s damages.
In states that follow a traditional fault-based car insurance system, like Georgia, the liable party in a car accident case is the one that caused the crash, either directly or indirectly. For example, if a motorist was texting while driving and ran a red light, crashing into another driver who was legally crossing the intersection, the texting driver would be legally responsible for the injured driver’s damages, as well as any damages suffered by passengers in the injured driver’s vehicle.
However, some states, like Florida, follow a no-fault car insurance system. Under no-fault insurance, an injured motorist can file a claim—known as a personal injury protection, or PIP claim—with their own auto insurance provider, regardless of who was at fault for the crash. However, PIP coverage is limited and usually does not provide adequate compensation to victims of major crashes and severe bodily injuries. Such victims may be allowed to go outside the no-fault system and bring a claim directly against the at-fault driver if they can prove that their injuries are “serious,” as defined by the state.
How a Car Accident Lawyer Can Help
Navigating the aftermath of a car accident is extremely challenging. Between making sure that you get the medical attention you need, getting your car fixed, and managing your everyday expenses and bills while taking time off work to heal, you likely have a lot on your plate. The last thing you should be worried about is fighting with the insurance company for a fair settlement.
Unfortunately, many insurance companies drag their feet or simply refuse to pay valid claims. The adjuster may try to get you to agree to a settlement that’s way lower than what you really deserve. We strongly recommend that you avoid speaking to the insurance company—and never sign anything or agree to a settlement without first speaking to a lawyer.
An experienced car accident attorney from Fischer Redavid PLLC can help you by:
- Investigating the accident to gather important evidence and determine what happened, as well as who is at fault
- Working with accident reconstructionist, economists, and other professionals to obtain expert testimony on your behalf
- Communicating with the insurance company so that you don’t have to, including negotiating a fair settlement (if possible)
- Preparing you and your case for litigation and, if necessary, trial
- Answering your questions, addressing your concerns, and advocating for you every step of the way, including in the courtroom
What Happens If You Are Partly at Fault?
Often, multiple parties are partially to blame for an auto accident. When this happens, who is allowed to file a claim for damages? Can you still pursue compensation if you are partly at fault?
The answer depends on where you live and the type of shared fault rules followed by your state. In comparative negligence states, you can still file a claim if you were partially to blame for a motor vehicle accident—with some exceptions and limitations—but in contributory negligence states, you cannot. Additionally, there are two types of comparative negligence:
- Pure Comparative Negligence: Under pure comparative negligence, the plaintiff’s ability to file an injury claim is not limited by their percentage of fault. As long as the other party is at least 1% at fault for the incident that caused your injury, you can file a claim and seek compensation for your injury-related damages.
- Modified Comparative Negligence: With modified comparative negligence, your ability to bring a claim depends on your percentage of fault. Often, if you are found to be 50% or more to blame, or more than 50% to blame, you are not permitted to file an injury claim against the other party.
Under both types of comparative negligence, the amount you can recover is reduced by your percentage of fault. So, for example, if you are found to be 20% at fault, you can only recover up to 80% of the total amount you are seeking in damages.
While Florida follows a pure comparative negligence rule, Georgia follows a rule of modified comparative negligence with a 50% bar. This means that you must be found to be less than 50% at fault for the injury-causing event to be able to file a personal injury claim in Georgia.
At Fischer Redavid PLLC, we work directly with our clients, providing highly personalized and attentive legal services to each and every client. We genuinely care about helping you get back on your feet, and we are prepared to aggressively seek the full, fair amount you are owed.
Contact us online or by phone at (888) 694-0708 today to request a free initial consultation.