How to Protect Your Rights at the Scene of a Car Accident in Florida

Car accidents are sudden and often leave individuals feeling disoriented and unsure of what to do next. In the immediate aftermath of a collision, it is crucial to remain calm and take specific steps to protect your rights and interests. Knowing what to do at the scene can significantly impact the outcome of any legal or insurance claims that may follow. This guide provides essential steps to help you protect your rights if you find yourself involved in a car accident in Florida.

Stay Calm and Ensure Safety

The moments after a car accident can be chaotic and stressful. However, it is important to remain as calm as possible. Take a deep breath and assess the situation. If you are able to, move your vehicle to a safe location away from traffic to prevent further collisions. Turn on your hazard lights to alert other drivers and, if it is safe to do so, set up flares or warning triangles to increase visibility. Your safety and the safety of others involved should be your primary concern.

Check for Injuries and Call for Help

Once you have ensured your safety, check yourself and your passengers for any injuries. Even if injuries seem minor, it is crucial to seek medical attention as some injuries may not be immediately apparent. Call 911 to report the accident and request medical assistance if necessary. The presence of law enforcement is also essential for documenting the incident and creating an official accident report, which will be vital for any legal or insurance claims.

Exchange Information with Other Parties

After ensuring that everyone is safe and medical help is on the way, exchange information with the other drivers involved in the accident. Obtain their names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance information. Be polite and cooperative, but avoid discussing fault or apologizing for the accident, as these statements could be used against you later. Simply exchange the necessary information and wait for law enforcement to arrive.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Document the Scene

Thorough documentation of the accident scene can be crucial for protecting your rights. Use your smartphone or a camera to take photos and videos of the scene, capturing different angles and perspectives. Document the damage to all vehicles involved, the position of the vehicles, any visible injuries, road conditions, traffic signs, skid marks, and any other relevant details. If there are witnesses, ask for their contact information and if they are willing to provide a statement. Their accounts can be valuable in determining what happened.

Speak with Law Enforcement

When law enforcement arrives at the scene, provide them with a clear and accurate account of what occurred. Stick to the facts and avoid speculating about the cause of the accident. The officer will create an official accident report, which will be important for your insurance claim and any potential legal proceedings. Request a copy of the report for your records. If you receive a ticket or citation, do not argue at the scene. Instead, consult with an attorney to discuss your options.

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Seek Medical Attention

Even if you do not feel seriously injured, it is important to seek medical attention as soon as possible after the accident. Some injuries, such as whiplash or internal injuries, may not present symptoms immediately. A medical professional can assess your condition and provide necessary treatment. Keep all medical records and documentation of your injuries, as these will be important for your insurance claim and any potential legal actions.

Notify Your Insurance Company

Promptly notify your insurance company about the accident. Provide them with the necessary details and documentation, including the police report, photos of the scene, and medical records. Be honest and accurate in your account of the accident, but avoid admitting fault. Your insurance company will guide you through the claims process and work with you to determine the extent of your coverage and compensation.

Consult with an Attorney

Navigating the aftermath of a car accident can be complex, especially when dealing with insurance companies and potential legal claims. Consulting with an attorney can help protect your rights and ensure that you receive fair compensation for your injuries and damages. An experienced attorney can guide you through the legal process, negotiate with insurance companies on your behalf, and represent you in court if necessary.

Protecting Your Legal Rights

In the days and weeks following the accident, it is important to keep detailed records of all related expenses and communications. This includes medical bills, repair estimates, rental car costs, and any other expenses incurred as a result of the accident. Keep a journal of your recovery process, noting any pain, discomfort, or limitations you experience. This documentation can be valuable evidence in supporting your claim for compensation.

Avoiding Common Mistakes

There are several common mistakes that individuals make after a car accident that can jeopardize their rights and claims. Avoid these pitfalls to protect your interests. Do not admit fault at the scene or to your insurance company. Do not settle with the other driver or their insurance company without consulting an attorney. Do not delay seeking medical attention or contacting your insurance company. Do not post details about the accident on social media, as these posts can be used against you.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Understanding Florida’s No-Fault Insurance Law

Florida operates under a no-fault insurance system, which means that each driver’s insurance company covers their own medical expenses and lost wages, regardless of who caused the accident. However, there are exceptions to this rule, especially in cases involving serious injuries. Understanding the nuances of Florida’s no-fault insurance law is important for protecting your rights and ensuring that you receive the compensation you deserve. An attorney can help you navigate these complexities and determine the best course of action.

The Importance of Legal Representation

Having legal representation can make a significant difference in the outcome of your car accident case. An attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can also help you avoid common pitfalls and ensure that you receive fair compensation for your injuries and damages. The legal process can be daunting, but with the right support, you can navigate it successfully.

How Serrano Law Can Help

At Serrano Law, we understand the challenges and complexities that come with being involved in a car accident. Our team is dedicated to helping you protect your rights and achieve the best possible outcome for your case. We offer personalized legal services and work diligently to ensure that you receive the compensation you deserve. From the moment you contact us, we will be by your side, guiding you through each step of the process and advocating for your interests.

Protect Your Rights — Contact Serrano Law Today

If you have been involved in a car accident in Florida, do not wait to seek legal assistance. Contact Serrano Law today for a free consultation. We are here to help you navigate the aftermath of the accident and protect your rights. Let us put our experience and dedication to work for you. Contact us now to learn more about how we can assist you in your car accident case.