Highways are among the busiest and most dangerous roadways. With motorists often trying to switch lanes quickly to make an exit, speeding to their destination, or improperly merging, some of the most serious accidents occur there. The car crash attorneys at the Law Offices of Robert Dixon are experienced in helping victims of highway accidents near Miami seek proper compensation for their harm. Having helped numerous clients in Miami-Dade, Broward, and Palm Beach Counties, we know how devastating the aftermath of a serious collision can be, and we can help you explore your options while you focus on recovering.
Highway Collisions in Florida
All roadways possess their own potential dangers where careless drivers or road hazards exist, but highways in Florida are especially dangerous. Many fatal wrong-way accidents and head-on collisions occur on highways, interstates, freeways, and the turnpike. Interstate 95 is widely known as one of the nation’s most congested and busy freeways. Heavy congestion during peak hours often leads to rear-end accidents. When roads open up, aggressive and distracted drivers can cause fatal collisions on what many consider the deadliest stretch of road in the country. In addition, the Palmetto Expressway, Florida’s Turnpike, and the Dolphin Expressway all pose their own dangers. With large trucks carrying cargo long distances and speeding motorists acting irresponsibly, the potential for highway collisions rises on these heavily travelled roads.
Hold a Negligent Driver Accountable for Your Injuries
Someone who has been hurt in a highway crash can pursue a claim against the responsible party based on the legal theory of negligence. To establish negligence, the injured person, known as a plaintiff, must show that:
• The driver owed a duty of care to him or her;
• That duty of care was breached by the defendant’s actions;
• That breach directly led to the injuries; and
• Damages resulted for which he or she can be compensated.
Drivers on all roads have a duty to others to act as a reasonable and prudent person would behave under similar circumstances. If a person’s aggressive driving or speeding leads to an accident and the resulting injuries, that motorist may be held liable for his or her actions. Victims hurt in a highway crash may recover damages for past and future medical expenses, property loss, lost income or earning capacity, and pain and suffering.
Unfortunately, highway accidents can result in the death of a driver or passenger in a vehicle. In such devastating instances, certain family members may pursue a wrongful death claim against the responsible parties to seek compensation for medical and burial costs as well as more subjective damages based on their relationship to the victim, such as loss of consortium or support. Time is important in both personal injury and wrongful death claims. In Florida, personal injury lawsuits must be filed within four years from the date the accident occurred, and wrongful death cases must be brought within two years of a victim’s death.
