West Palm Beach Florida Car Accident Lawyers

Identify all sources of compensation

One big reason you would hire a car accident attorney is to be sure you are compensated fairly based on everything you are entitled to. The best car accident lawyers know how to identify as many sources of compensation as possible.   Even if you were partly to blame, you may still be able to recover the portion of damages the other party is liable for.

Help with proving liability

Knowing what you qualify for is only the beginning, the next step is proving liability.  It’s not uncommon for the at-fault driver or their insurance company to deny or downplay their own involvement, or even try to place the blame on you.  Without an experienced West Palm Beach car accident lawyer on your side, you may struggle to prove otherwise.

Dealing with insurance companies

Along the way you may be approached by the other driver or the at-fault parties’ insurance company. Without your own representation, you are likely to do or say things that jeopardize the strength of your case.  By securing your own car accident lawyer, you can decline to comment and refer all communication to your legal team.

Skilled Negotiators

Successfully negotiating a settlement or presenting a court case against large insurance companies isn’t a skill the average person has.  Our car accident law firm has over a decade of experience of dealing with insurance company tactics.  We can anticipate strategies they are likely to use and plan for them.  We will know what your case is worth and will help you build a strong case that supports it.

Knowledge of legal timelines and procedures

Making a successful car accident claim involves meeting a variety of deadlines and following specific legal processes.  If you miss a deadline or don’t comply with court requirements, your claim can be rejected or reduced.

If you find yourself in any of the situations below, you should consult a car accident lawyer immediately:

• Your injuries are serious or resulted in lost wages
• The accident involved a fatality with a loved one
• You are contacted by the at-fault insurance company directly
• Your PIP policy does not cover all or any of your damages
• You are offered a settlement

There is no cost to talk to a car accident lawyer at Winegar Law Injury Lawyers.  During our consultation we will discuss:

• Details of the car crash and events leading up to it
• The injuries you’ve sustained and associated expenses
• Any evidence about the accident you’ve collected so far

We’ll explain your legal rights and you’ll also have a chance to ask any questions you may have about our lawyers, as well as any additional questions you may have about your case.

We operate on a contingency fee basis, which means, there’s no fee unless we win, so you have nothing to lose –  Reach out today!

How much is the average West Palm Beach Florida car accident case worth?

How much compensation you can recover in a car accident lawsuit depends on the injury victims’ unique expenses and impacts, as well as his or her willingness to accept the amount of compensation offered by an insurance company.

Most often, however, the severity of your accident and injuries will determine how much compensation you can receive. Cases involving long-term medical issues or permanent disabilities will usually be worth a lot more than cases involving full recovery.

Factors that affect the amount you can recover in a car accident claim:

• How severe your injuries are
• The evidence supporting your claim
• Lost income due to missing work
• Diminished earning capacity due to injuries
• Recovery time
• Property damage expenses
• The circumstances of your career and life at the time of the accident. 
• Whether the accident was partially your fault
• Medical bills related to the car accident in the past and in the future
• Coverage provided by insurance companies and sources of liability
• Physical and emotional consequences of your injuries
• Scarring or disfigurement as a result of the injuries
• Your patience level and determination.

Your patience plays a role because the first settlement offers you encounter aren’t likely to reflect the maximum you are entitled to.  The best car accident lawyers know how to stand their ground and pursue the compensation you deserve.  This process takes time and patience, but is almost always worth the wait.

Deadlines involved in your West Palm Beach Florida car accident case

Under Florida Law, you have a limited amount of time to legally pursue a personal injury claim, this is called the Florida statute of limitations.  Recent changes decreased the amount of time you have to file a car accident claim from 4 years to 2 years.

Exceptions may exist in rare circumstances, and Florida personal injury law is subject to changes.  For the most up to date information on timelines, it’s best to contact a car accident lawyer directly.

It is still recommended that you file a claim as soon as possible, even though two years may sound like a long time. Your memories fade with time, along with reliable eyewitness accounts and evidence.

Furthermore there may be other shorter deadlines at play, unique to each case, related to time frames imposed by insurance carriers themselves.

In short, the sooner you act after an accident, the better your chances of securing a fair settlement.  Missing any deadlines may result in losing your right to recover anything at all.

Your next steps after a car accident in West Palm Beach Florida

It is important to seek medical care at the earliest possible moment following a serious injury to you or a passenger in your vehicle, then talk to an attorney. If anyone is injured at the scene, call 911 immediately. If your accident was minor, you might be able to self report online.

At the scene of the accident, if capable, you or someone with you should:

• Report the accident to the police. Stay at the scene. An officer will be sent to complete an accident report. Florida crash reports can serve as official documentation if you decide to pursue compensation.
• Obtain information about the other driver or drivers, such as their name, contact information, license plates, insurance carrier, and policy number.
• Photograph the accident scene, the vehicles involved, your injuries, landmarks, and the condition of the road.
• Identify and speak with anyone who witnessed the accident.

Protect your rights and be careful with how you proceed after being involved from here if you intend to pursue legal action.  There are procedures to follow if your accident warrants a lawsuit. Obtaining your own local West Palm Beach car accident lawyer as early as possible will increase your chances of success and a favorable outcome.

• Do not provide a recorded statement to the insurance company.
• Do not accept a settlement offer.
• Do not sign any medical authorizations
• Call a lawyer as soon as you can.

It is important not to admit responsibility or apologize, even if you think it was your fault. An investigation will allow you to find out exactly why the accident occurred. You may inadvertently be admitting to something that wasn’t your fault, or even have your apology conveyed as an admission of guilt.

You also need to notify your insurance to begin a PIP claim regardless of fault, and having an experienced car accident attorney on your side to guide you through this process can be invaluable

Common Causes of Car Accidents

Across the nation as well as in West Palm Beach, FL — car accidents are most commonly caused by distracted driving, speeding and failure to yield.

Across the nation as well as in West Palm Beach, FL — car accidents are most commonly caused by distracted driving, speeding and failure to yield.

Distracted driving

Distracted driving is most often associated with “texting and driving”.  While texting and driving is a leading cause of car accidents, other forms of distracted driving could include:

• Eating or drinking while driving
• Grooming activities like applying makeup or fixing hair
• Daydreaming or being lost in thought
• Reading, including maps or written directions
• Using in-car technology systems, such as infotainment consoles
• Engaging in emotional conversations or arguments
• Reaching for objects inside the car
• Smoking or vaping
• Watching videos or movies on electronic devices
• Engaging with pets inside the vehicle

Speeding

As a result of speeding, reaction time is reduced, which makes it more likely to lose control of a vehicle. Also, speeding is more than just driving faster than the posted speed limit. If the accident occurred in bad weather, heavy traffic, or at night, a driver could be charged with speeding because of driving too fast for the circumstances.

Failure to Yield

The failure to yield the right of way can lead to a wide variety of accidents, posing a significant risk for all road users.  Some examples include:

• Dangerous turn accidents like making a left in front of oncoming traffic or a right on red in front of a fast moving vehicle.
• Pedestrian accidents caused by failing to yield to pedestrians in designated crosswalks
• Bicycle accidents by failing to yield when entering or exiting driveways or bike lanes
• Merge accidents while merging onto a highway or a roundabout
• Emergency Vehicle accidents by not yielding to a first responder with lights and sirens on
• Lane change accidents by failing to yield to cars in adjacent lanes 
• Moving violation accidents like Illegal U-turns,  and running red lights or stop signs.

Drugged or Drunk Driving

West Palm Beach is a popular spot to vacation in the United States.  Unfortunately, this also contributes to serious accidents. In 2023, according to the FLHSMV crash dashboard, there were 385 accidents in Palm Beach County alone related to drinking and driving.

Poor Vehicle Maintenance

Drivers have a responsibility to keep their vehicles in good working order. Inspecting it from time to time and doing regular maintenance can keep the roads safer for all.

Road Defects

Whether it’s potholes, downed wires, a malfunctioning traffic signal, or a curve is too sharp, the conditions of the roads can be the cause of accidents and should be reported.

Weather Conditions

It’s always important to use extra caution when driving in bad weather, especially when it’s raining or storming. Visibility decreases and roads can become slippery, causing car accidents.

Aggressive Driving / Road Rage

Aggressive driving like tailgating, speeding excessively, or weaving in and out of traffic, tensions on the road can escalate and lead to dangerous confrontations. An altercation with another driver increases your chances of being involved in a collision.

Drowsy Driving

Ignoring fatigue while driving can result in serious accidents, putting both the driver and other road users at risk. Driving while drowsy is comparable to the effects of alcohol intoxication with slower reaction times and impaired judgment — even falling asleep at the wheel.

It is important to determine the cause of your crash, as this identifies who should be responsible for the accident and your injuries.

How to determine and prove liability in a West Palm Beach Florida car accident

In Florida, liability is determined by identifying negligent behavior.  Negligence means a person acted in a way that was not reasonable and caused harm to another person.  To prove your claim and the negligence of another, there are four basic elements to establish.

1. It begins with understanding each of us has a “duty of care”.  In the case of a car accident, the other party owed you a duty of care to drive safely.
2. If an action can be seen as a breach of the duty of care, it’s considered careless or reckless behavior and you have grounds for a lawsuit.
3. Once negligence is established, linking the negligent actions to the causation of the accident is the next step. For example, if the at-fault driver ran a red light, you can argue this caused the accident.
4. Lastly, providing proof of the damages you’ve suffered as a direct result of the accident forms the basis of your car accident claim. This can include physical injuries, medical bills, lost wages, pain and suffering, and other losses.

Our West Palm Beach car accident lawyers can help you obtain the evidence you need to prove your case.  This can include things like:

• Police Reports
• Witness Statements
• Photographs and Videos
• Medical Records
• Expert Analysis
• Vehicle Inspections
• Cell Phone Records
• Black Box Data
• Traffic Camera Footage
• Past Driving Records

What if you are partly to blame for your car accident?

Even if you are partly to blame, you may still be able to recover a percentage of compensation.  It’s important to note however that changes in March 2023 changed Florida from a pure comparative negligence state to a modified comparative negligence state.  What this means is if you are deemed to be more than 50% for the accident, you will not be able to receive any compensation.

Prior to this change, as an example, you could be up to 99% responsible and still qualify to be compensated for the 1% of liability attributed to the other party.  This is a major change that can have a profound impact on your car accident case. Insurance carriers understand if they can shift 51% of the blame on you, they can avoid paying anything.

Our experienced car accident lawyers will advocate for your interests.  We have the expertise and resources to represent your interests. Contact us today for a free consultation.

What are the Most Common Types of Car Accidents in West Palm Beach Florida?

Car accidents can occur in a variety of ways, and the type of collision can affect the type of injuries suffered. Among the most common accidents we see at our firm are:

Rear-end: Probably the most common type of collision is when one vehicle hits the back of another. Even a minor “fender-bender” can result in serious injuries to the head, neck or back.  Tailgating, especially at high speeds or while distracted can cause a rear-end car crash. 

In a majority of cases the driver in the back is at fault for a rear-end car accident.  In some cases, however, the fault could be placed on a driver in front if they have non-functioning brake lights, or stopped suddenly or illegally.

T-bones: Side-impact crashes occur when the front end of one vehicle strikes the side of another vehicle. These accidents typically occur at intersections when one driver fails to yield to traffic or runs a red light. Injuries caused by T-bone collisions can be severe, especially for the occupants of the vehicle on the side that is struck. 

Rollovers: These types of car accidents can result in the ejection of occupants and could cause crushing injuries if the roof collapses. Rollovers often occur in single-vehicle accidents when a driver loses control of their vehicle, but they can also happen in high speed multi-vehicle collisions.

Head-on: Due to the combined force of both vehicles’ speeds, these accidents are often the most serious and deadly. Head-on collisions can be caused by distracted driving, or improper passing on one lane roads among other things, but even slight errors – such as allowing yourself to drift too close to oncoming traffic can trigger a catastrophic collision.

If you or a member of your family was involved in one of these devastating wrecks, it is important to seek legal counsel as soon as possible to start building your claim. 

What Type of Injuries Do Car Accidents Cause?

Car accident injuries can result in mild to severe injuries. Understanding the range of potential injuries will help you to seek the appropriate treatment.  In addition, a proper medical diagnosis will serve as the basis for understanding how much compensation you need to pay current and future medical bills.  

Do not waste any time when it comes to evaluating your condition after a car accident.  Even minor pains can be more than they appear to be on the surface.  What you might think is a minor bruise could actually be serious internal bleeding or organ damage.

Common Car Accident Injuries include:

Broken bones: Ranging from simple fractures to severe fractures that require surgery and rehabilitation.

Facial injuries: Broken bones, eye trauma, and jaw injuries. Facial injuries can also result in scarring or disfigurement, sometimes requiring corrective surgery.

Neck injuries: Whiplash, herniated discs. Whiplash injuries can have long-term effects, so be sure to get medical attention even if symptoms don’t appear immediately.

Upper extremity injuries: Fractured bones in hands, wrists, and arms. Fractures can take a significant amount of time to fully heal, and may require physical therapy.

Torso injuries: Broken ribs, chest and abdominal injuries. The force of a crash can cause internal bleeding, even if there are no external signs. A medical examination is essential after an accident.

Back injuries: Broken vertebrae and disc injuries. Spinal cord injuries can result in varying degrees of paralysis, depending on the severity.

Lower extremity injuries: Injuries to the pelvis, legs, knees, ankles, and feet.

Additional Considerations:

Traumatic brain injuries (TBI): Head trauma, such as an impact with an object or sudden changes in motion, may result in traumatic brain injuries (TBIs). Car accidents are a leading cause of TBI. Despite how you feel initially, it’s advisable to seek medical evaluation after any accident.  

Post-traumatic stress disorder (PTSD): 

Mental health conditions can also result from car accidents. These conditions include PTSD, depression, anxiety, and flashbacks. You should seek help from a mental health professional if you feel you are experiencing any of these symptoms after a car accident.

Burns: Multiple surgeries and skin grafts may be necessary as a result of fires caused by accidents.

Amputations: Can occur in severe accidents and can have permanent disabling effects.

Concussions: Even mild concussions can cause permanent brain damage, causing symptoms that may include persistent headaches, mood changes, and cognitive difficulties.

Getting Compensated for Your Car Accident Injuries

If you’ve been injured in a car accident, our attorneys specialize in helping you recover the maximum amount of compensation for your injuries.  

How Personal Injury Protection (PIP) affects compensation in Florida

In Florida, laws require registered vehicles to carry personal injury protection (PIP) insurance with a minimum of $10,000 in medical coverage. This mandatory policy provides at least some compensation, regardless of who is at fault.  In the case of serious injuries, however, it’s often not enough.  

In most cases, you first turn to your own insurance company to cover medical expenses and other losses, regardless of who was responsible for the accident.  To recover damages that exceed your PIP policy, you may be able to file a personal injury claim against the at-fault driver and their insurance company.

Types of compensation

Compensation can be categorized into 3 main categories: Economic, Non-economic and Punitive.  If you lost a loved one, compensation may be awarded through a car accident wrongful death lawsuit.

Economic: Refers to verifiable financial losses related to the car accident.

• Current medical bills
• Future medical expenses
• Rehabilitation
• Therapy
• Lost income and wages
• Disability
• Property damage

Non-Economic: Refers to emotional impact and quality of life changes

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement
• Post-traumatic stress disorder (PTSD)

Punitive: Intended to punish reckless behavior

These damages are rare and are typically awarded in cases where the defendant’s conduct was especially reckless, malicious, or intentional. The aim is to deter similar behavior in the future.

Wrongful Death: Available to surviving family members or beneficiaries.

• Funeral and burial expenses
• Medical expenses incurred before death
• Lost income and financial support
• Loss of consortium
• Pain and suffering
• Punitive damages

In the aftermath of a car accident, securing rightful compensation is essential for your recovery.  Those responsible will look for ways to minimize the emotional and psychological effects you’ve experienced. The amount you recover should accurately reflect not only the financial aspect but also the physical and emotional pain the accident has caused.

Let the experienced top-rated West Palm Beach car accident lawyers at Winegar Law Injury Lawyers put you on the best road to recovery possible.  Call today for a free case review.

Risky Intersections & Recent Car Accidents in West Palm Beach Florida

Based on our research and local reports, we’ve compiled a list that includes intersections with documented accidents or conditions that increase the likelihood of car accidents.

West Palm Beach Florida Intersections with High Traffic & Complex Layout

• Okeechobee Blvd & Military Trail
• Belvedere Rd & Australian Ave
• Forest Hill Blvd & Jog Rd
• 45th St & Australian Ave
• Northlake Blvd & Congress Ave
• 10th Ave North & Congress Ave 
• Military Trail & Community Dr
• Okeechobee Blvd & I-95 (Southbound Exit)

West Palm Beach Florida Shopping Center Activity, Office Areas & Pedestrian Traffic:

• Palm Beach Outlets area: Intersections around Palm Beach Lakes Boulevard and Interstate 95 ramps, as well as Palm Beach Lakes Boulevard and Congress Avenue.
• CityPlace area: Intersections around Okeechobee Boulevard and Rosemary Avenue, Okeechobee Boulevard and Sapodilla Avenue, and Okeechobee Boulevard and Tamarind Avenue.
• Downtown West Palm Beach: Intersections along Clematis Street, particularly where it intersects with Rosemary Avenue and Quadrille Boulevard.