Melbourne Car, Truck, Motorcycle, and Watercraft Accident Attorneys
When another driver’s negligence causes a serious or fatal car crash, the victims deserve to be fairly compensated for their losses. If you have been hurt or a loved one has been injured or killed in an auto accident, contact Melbourne’s Donoghue & Associates as soon as possible. Our lawyers deal with serious accident cases of all types on a daily basis. At the Law Offices of Donoghue & Associates our lawyers have over 100 years of combined experience in the field of personal injury.
Auto Accident Negligence Claims
If you were injured in an motor vehicle collision caused by a negligent driver, it is important to understand the elements of a negligence claim and how a personal injury attorney can advocate for your rights.
Negligence is generally defined as:
- “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.”
Drivers have a duty to be cautious when they’re on the road, and drivers must take care not to injure other drivers or pedestrians. To have a successful auto accident negligence claim, you must be able to prove:
- A breach of legal duty to exercise reasonable care;
- A failure to exercise reasonable care;
- The breach of this duty was the cause of physical harm or damages.
Negligence and Driving
According to the Florida Department of Highway Safety and Motor Vehicles, some of the common causes of motor vehicle collisions are:
- Driving under the influence of drugs or alcohol;
- Aggressive driving, including but not limited to speeding and failing to obey other
- Reckless driving, which is defined under Florida law as driving any vehicle “in
willful or wanton disregard for the safety of persons or property”;
- Drowsy driving; and
- Distracted driving, including talking or texting behind the wheel.
If you feel you have been the victim of someone else’s negligence resulting in a motor vehicle collision, contact the Law Offices of Donoghue & Associates today at (321) 725-1499, or toll free at (888) 366-6488.
Florida No-Fault Insurance and Personal Injury Protection (PIP)
Florida law requires drivers to carry personal injury protection (PIP) of at least $10,000. In the event of an accident—regardless of fault—an insured should receive 80 percent of medical expenses paid and 60 percent of lost wages from your policy, up to the $10,000 limit of PIP insurance.
In January of 2014, Florida law changed when it comes to the use of your Personal Injury Protection (PIP) insurance policy. You now have only 14 days from the date of the accident to be evaluated by a qualified medical provider, and have that provider issue an Emergency Medical Condition Declaration to qualify for the full $10,000 of insurance coverage you’ve paid for. If you do not seek care in that 14 day period, or are not diagnosed with an Emergency Medical Condition, your available coverage will only be $2,500. For this reason your first treatment should be with an Emergency Room physician, or other M.D (medical doctor).
Unfortunately, these benefits often aren’t sufficient to cover the total cost of your medical expenses.
Contact the Law Offices of Donoghue & Associates Today
If you were seriously injured in a Florida car accident, you deserve compensation. Whether you’ve been denied benefits by your insurance company or want to file a lawsuit against the driver responsible for the crash, an experienced Donoghue & Associates Florida car accident lawyer can help you today. Contact the Law Offices of Donoghue & Associates to learn more.