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Car Accidents

Car Accidents

Car Accident Lawyer: Your Guide to West Palm Beach Car Accident Cases

If you’ve been involved in a car accident, securing the right car accident lawyer can make all the difference in recovering fair compensation for your injuries and damages. Navigating the complex legal process of a car accident claim requires experienced legal representation to protect your rights and ensure you receive the maximum compensation possible. In this comprehensive guide, we’ll explore everything from common causes of car accidents to how to prove liability, the types of injuries you may face, and how an experienced auto accident lawyer can help you through every step of your car accident lawsuit.

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At Winegar Law Injury Lawyers, we are dedicated to helping individuals and families navigate complex legal matters. Whether you’ve been injured in an accident or are facing a legal issue, our experienced team is here to guide you every step of the way.

Car Accidents: Understanding Your Legal Rights and Compensation

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 on Your Side

Negotiating with large insurance companies requires specialized skills and experience. Our car accident law firm has over a decade of experience handling insurance company tactics. We anticipate their strategies and prepare strong cases to support your claim’s true value. Knowing what your case is worth and how to build the evidence to prove it is crucial to securing a fair settlement.

Knowledge of Legal Timelines and Procedures

A successful car accident claim involves strict adherence to deadlines and legal procedures. Missing a filing deadline or failing to comply with court requirements can lead to your claim being rejected or significantly reduced. An experienced personal injury lawyer understands these timelines and ensures your case stays on track.

When to Consult a Car Accident Lawyer

If you find yourself in any of the following situations, it’s essential to seek legal assistance immediately:

  • You have sustained serious injuries or lost wages.
  • The accident involved a fatality of a loved one.
  • You have been contacted directly by the at-fault driver’s insurance company.
  • Your Personal Injury Protection (PIP) policy does not cover all your damages.
  • You have received a settlement offer.

At Winegar Law Injury Lawyers, we offer a free consultation to discuss the details of your car crash, the injuries you’ve sustained, and any evidence you have collected. We will explain your legal rights and answer all your questions. We work on a contingency fee basis, meaning you owe no attorney fees unless we win your case.

How Much Is the Average West Palm Beach Florida Car Accident Case Worth?

The value of a car accident injury case depends on many factors unique to each victim’s circumstances. Most personal injury claims are influenced heavily by the severity of car accident injuries and their long-term effects. Cases involving permanent disabilities or traumatic brain injuries typically result in higher compensation than those with full recovery.

Factors Affecting Compensation

Several elements impact the amount you can recover in a car accident claim, including:

  • The severity and type of your injuries, including serious injuries or severe injuries.
  • Medical bills and future medical expenses related to your treatment.
  • Lost wages and diminished earning capacity due to your injuries.
  • Property damage expenses.
  • The circumstances surrounding the accident, including whether you were partially at fault.
  • The quality and quantity of evidence supporting your claim, such as medical records and accident reports.
  • Emotional and physical consequences, including pain and suffering or scarring.
  • Insurance coverage limits and the liability of the at-fault driver.
  • Your patience and determination to pursue fair compensation rather than accepting a quick, low settlement.

Experienced car accident attorneys understand how to navigate these factors to help you recover maximum compensation.

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

Immediately following a car accident, your priority should be to seek medical attention for yourself and any passengers. If anyone is seriously injured, call 911 without delay. For minor car accidents, Florida allows self-reporting online, but it is still advisable to document the incident thoroughly.

At the scene, if you are able, take the following steps:

  • Report the accident to the police and remain at the scene until an officer arrives to file an accident report. Police reports are essential for your car accident claim.
  • Collect information from the other parties involved, including names, contact details, driver’s license numbers, insurance carriers, and policy numbers.
  • Take photographs of the accident scene, vehicle damage, your injuries, and any relevant road conditions or landmarks.
  • Identify and speak with witnesses who saw 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.

Notify your insurance company to start a PIP claim regardless of fault. Having an experienced car accident attorney guide you through this process can be invaluable for protecting your rights and ensuring fair compensation.

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 and 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.

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 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): Leading cause of serious disability after car crashes.
  • Post-Traumatic Stress Disorder (PTSD): Emotional and psychological trauma requiring professional help.
  • Burns: May require multiple surgeries.
  • Amputations: Resulting from severe crashes.
  • Concussions: Even mild ones can cause lasting brain damage.

Getting Compensated for Your Car Accident Injuries

Our personal injury attorneys specialize in helping car accident victims recover fair and maximum compensation for their injuries and losses.

How Personal Injury Protection (PIP) Affects Compensation in Florida

Florida law mandates that all registered vehicles carry PIP insurance with at least $10,000 in medical coverage. PIP provides initial compensation regardless of fault but often does not cover all accident-related expenses.

To recover damages beyond your PIP coverage, you may file a personal injury lawsuit against the at-fault driver’s insurance company.

Types of Compensation

  • Economic Damages: Medical bills, future medical expenses, rehabilitation, lost wages, disability, and property damage.
  • Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and PTSD.
  • Punitive Damages: Rare, awarded to punish especially reckless or malicious behavior.
  • Wrongful Death Damages: For surviving family members, including funeral costs, lost income, pain and suffering, and punitive damages.

Risky Intersections & Recent Car Accidents in West Palm Beach Florida

Certain intersections in West Palm Beach are known for high traffic and complex layouts, increasing accident risk. These include:

  • 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)

Areas with heavy shopping center activity and pedestrian traffic, such as Palm Beach Outlets, CityPlace, and Downtown West Palm Beach, also see frequent accidents.

If you or a loved one has been involved in a motor vehicle accident in West Palm Beach, Florida, it is crucial to seek legal representation from experienced auto accident lawyers who understand personal injury law and can guide you through the complex legal process. Contact Winegar Law Injury Lawyers today for a free consultation and take the first step toward recovering the fair compensation you deserve.

Car Accidents: Understanding Your Legal Rights and Compensation

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 on Your Side

Negotiating with large insurance companies requires specialized skills and experience. Our car accident law firm has over a decade of experience handling insurance company tactics. We anticipate their strategies and prepare strong cases to support your claim’s true value. Knowing what your case is worth and how to build the evidence to prove it is crucial to securing a fair settlement.

Knowledge of Legal Timelines and Procedures

A successful car accident claim involves strict adherence to deadlines and legal procedures. Missing a filing deadline or failing to comply with court requirements can lead to your claim being rejected or significantly reduced. An experienced personal injury lawyer understands these timelines and ensures your case stays on track.

When to Consult a Car Accident Lawyer

If you find yourself in any of the following situations, it’s essential to seek legal assistance immediately:

  • You have sustained serious injuries or lost wages.
  • The accident involved a fatality of a loved one.
  • You have been contacted directly by the at-fault driver’s insurance company.
  • Your Personal Injury Protection (PIP) policy does not cover all your damages.
  • You have received a settlement offer.

At Winegar Law Injury Lawyers, we offer a free consultation to discuss the details of your car crash, the injuries you’ve sustained, and any evidence you have collected. We will explain your legal rights and answer all your questions. We work on a contingency fee basis, meaning you owe no attorney fees unless we win your case.

How Much Is the Average West Palm Beach Florida Car Accident Case Worth?

The value of a car accident injury case depends on many factors unique to each victim’s circumstances. Most personal injury claims are influenced heavily by the severity of car accident injuries and their long-term effects. Cases involving permanent disabilities or traumatic brain injuries typically result in higher compensation than those with full recovery.

Factors Affecting Compensation

Several elements impact the amount you can recover in a car accident claim, including:

  • The severity and type of your injuries, including serious injuries or severe injuries.
  • Medical bills and future medical expenses related to your treatment.
  • Lost wages and diminished earning capacity due to your injuries.
  • Property damage expenses.
  • The circumstances surrounding the accident, including whether you were partially at fault.
  • The quality and quantity of evidence supporting your claim, such as medical records and accident reports.
  • Emotional and physical consequences, including pain and suffering or scarring.
  • Insurance coverage limits and the liability of the at-fault driver.
  • Your patience and determination to pursue fair compensation rather than accepting a quick, low settlement.

Experienced car accident attorneys understand how to navigate these factors to help you recover maximum compensation.

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

Immediately following a car accident, your priority should be to seek medical attention for yourself and any passengers. If anyone is seriously injured, call 911 without delay. For minor car accidents, Florida allows self-reporting online, but it is still advisable to document the incident thoroughly.

At the scene, if you are able, take the following steps:

  • Report the accident to the police and remain at the scene until an officer arrives to file an accident report. Police reports are essential for your car accident claim.
  • Collect information from the other parties involved, including names, contact details, driver’s license numbers, insurance carriers, and policy numbers.
  • Take photographs of the accident scene, vehicle damage, your injuries, and any relevant road conditions or landmarks.
  • Identify and speak with witnesses who saw 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.

Notify your insurance company to start a PIP claim regardless of fault. Having an experienced car accident attorney guide you through this process can be invaluable for protecting your rights and ensuring fair compensation.

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 and 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.

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 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): Leading cause of serious disability after car crashes.
  • Post-Traumatic Stress Disorder (PTSD): Emotional and psychological trauma requiring professional help.
  • Burns: May require multiple surgeries.
  • Amputations: Resulting from severe crashes.
  • Concussions: Even mild ones can cause lasting brain damage.

Getting Compensated for Your Car Accident Injuries

Our personal injury attorneys specialize in helping car accident victims recover fair and maximum compensation for their injuries and losses.

How Personal Injury Protection (PIP) Affects Compensation in Florida

Florida law mandates that all registered vehicles carry PIP insurance with at least $10,000 in medical coverage. PIP provides initial compensation regardless of fault but often does not cover all accident-related expenses.

To recover damages beyond your PIP coverage, you may file a personal injury lawsuit against the at-fault driver’s insurance company.

Types of Compensation

  • Economic Damages: Medical bills, future medical expenses, rehabilitation, lost wages, disability, and property damage.
  • Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and PTSD.
  • Punitive Damages: Rare, awarded to punish especially reckless or malicious behavior.
  • Wrongful Death Damages: For surviving family members, including funeral costs, lost income, pain and suffering, and punitive damages.

Risky Intersections & Recent Car Accidents in West Palm Beach Florida

Certain intersections in West Palm Beach are known for high traffic and complex layouts, increasing accident risk. These include:

  • 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)

Areas with heavy shopping center activity and pedestrian traffic, such as Palm Beach Outlets, CityPlace, and Downtown West Palm Beach, also see frequent accidents.

If you or a loved one has been involved in a motor vehicle accident in West Palm Beach, Florida, it is crucial to seek legal representation from experienced auto accident lawyers who understand personal injury law and can guide you through the complex legal process. Contact Winegar Law Injury Lawyers today for a free consultation and take the first step toward recovering the fair compensation you deserve.

We Specialize in Personal Injury Law in Florida

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As experienced injury lawyers, we are here to provide clear, straightforward answers to your most pressing questions.

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Frequently Asked Question

The value of your case can vary significantly based on several factors, including the severity of your injuries, the extent of damage to your vehicle, lost wages, medical bills, and the impact on your daily life. In Florida, you may also be entitled to compensation for pain and suffering, emotional distress, and future medical expenses.

Insurance companies evaluate your case based primarily on the following factors: 

  • Medical bills: Immediate and ongoing medical costs related to the accident.
  • Lost wages: Income lost due to the accident, including potential future earnings if you’re unable to return to work.
  • Pain and suffering: Compensation for physical pain and emotional distress.
  • Property damage: Costs to repair or replace your vehicle and any other personal property damaged in the accident.
  • Liability: The degree to which each party is at fault for the accident.

In Florida, pain and suffering is calculated based on the impact of your injuries on your daily life, the severity and permanency of the injuries, and how the injuries have affected your mental and emotional health. 

The time it takes to settle a car accident claim in Florida can vary widely. Simpler cases where liability is clear and damages are straightforward may settle in a few months. However, if there are disputes over fault or the severity of injuries and damages, the process can take a year or more. The timeline also depends on the insurance companies involved and whether a lawsuit is necessary.

To potentially speed up your case, ensure that you:

  • Document everything: Keep detailed records of all medical treatments, repairs, and correspondence related to the accident.
  • Report the incident promptly: Notify your insurance company immediately if it’s a car accident or the manager of the store or property following a slip and fall.  
  • Hire a skilled attorney: Engaging a knowledgeable Florida car accident lawyer can help navigate the complexities of your case and deal with insurance companies effectively.