At Joe Horrox Law, we are dedicated to providing exceptional legal representation to those who have been injured in car accidents in Daytona Beach, Florida. Our team of experienced attorneys understands the physical, emotional, and financial toll that a car accident can take on you and your loved ones.
That’s why we’re here to help you navigate the legal process and fight for the compensation you deserve. Contact us today for a free consultation.
The Prevalence of Car Accidents in Daytona Beach
Daytona Beach has a relatively high number of car accidents compared to other cities in Florida. In 2020, there were 4,080 car accidents in Daytona Beach, resulting in 2,006 injuries and 26 fatalities.
In comparison, Florida had 340,919 car accidents, resulting in 212,128 injuries and 3,170 fatalities in the same year. While car accidents can happen anywhere, it’s important to be aware of the risks and take necessary precautions, such as practicing safe driving habits and seeking legal help.
There are several reasons why car accidents are common in Daytona Beach. For example, the city attracts many tourists, especially during major events such as Bike Week and the Daytona 500, which can lead to increased traffic and congestion on the roads.
The city is also on the coast, contributing to hazardous driving conditions, such as wet roads and high winds. Like many other cities in Florida, Daytona Beach has many elderly drivers, who may have slower reaction times and be more prone to accidents.
If you are involved in an accident caused by another person’s negligence, contact our legal team at Joe Horrox Law. We can investigate the accident and work to help you acquire a fair amount of compensation.
Common Causes of Car Accidents in Daytona Beach
While car accidents can occur in almost any situation, some causes of these collisions are more common than others. These include the following:
Distracted Driving
This occurs when a driver is not paying attention to the road due to texting, talking on the phone, eating, or adjusting the radio. Distracted driving can lead to a lack of awareness of traffic signals and other drivers, resulting in collisions.
Speeding
Driving at excessive speeds increases the risk of accidents, as it reduces the time a driver has to react to hazards on the road. Speeding can also lead to losing vehicle control and decreased stopping distance.
Driving Under the Influence
Driving under the influence of drugs or alcohol impairs a driver’s ability to react to situations on the road, leading to a higher risk of accidents. Impaired drivers may have difficulty with decision-making, depth perception, and coordination.
Reckless Driving
This includes tailgating, sudden lane changes, and running red lights or stop signs. Reckless driving puts the driver and other drivers at risk of accidents and injury.
Poor Road Conditions
Wet roads, potholes, and uneven pavement can make it difficult for drivers to maintain control of their vehicles. Poor road conditions can also decrease visibility and lead to skidding or hydroplaning, resulting in accidents.
Fatigued Driving
When a driver is overly tired or fatigued, it can impair their reaction time and decision-making abilities. This can increase the likelihood of accidents on the road.
Failure to Yield
This occurs when a driver fails to yield the right of way to another vehicle, pedestrian, or cyclist. This can lead to collisions and serious injuries.
Inexperienced Drivers
Inexperienced drivers, such as teenagers or new drivers, may not have the necessary skills to navigate challenging driving conditions. This can lead to accidents, especially if the driver is distracted or under the influence of drugs or alcohol.
Vehicle Malfunction
Car accidents are sometimes caused by malfunctions such as brake failures, tire blowouts, or steering problems. This can lead to the driver losing control of the vehicle and causing an accident.
Steps to Take After a Daytona Beach Car Accident
If you’ve been involved in a car accident in Daytona Beach, taking certain steps to protect your rights and ensure that you receive fair compensation for your damages is important.
- Seek Medical Attention: Your health and safety should be your top priority. Seek medical attention for any injuries, even if they seem minor.
- Contact the Police: Call the police and report the accident. Ask for a copy of the police report.
- Collect Information: Collect the contact and insurance information of the other driver, as well as the names and contact information of any witnesses.
- Document the Scene: Take photos of the accident scene, including any damages to your vehicle and the other driver’s vehicle, as well as any injuries you’ve sustained.
- Contact Your Insurance Company: Report the accident to your insurance company and provide them with the information you’ve gathered.
- Don’t Admit Fault: Do not apologize or admit fault, as this can be used against you later.
- Contact a Car Accident Lawyer: A car accident lawyer can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation for your damages.
By following these steps, you can protect your rights and increase your chances of receiving fair compensation for damages after a car accident in Daytona Beach.
Important Considerations When Filing a Florida Car Accident Claim
After a car accident, there are a few things to understand when filing a claim.
Understanding Florida’s No-Fault Car Accident Law
Florida’s no-fault law is a system that requires drivers to carry personal injury protection (PIP) insurance coverage. According to this law, each driver’s insurance company must cover their medical costs and lost wages first. This coverage comes into play before you can attempt to gather compensation from the other driver.
PIP coverage typically covers up to 80% of medical expenses and 60% of lost wages, up to a maximum of $10,000.
However, Florida’s no-fault law has certain limitations. If the damages exceed the limits of your PIP coverage, you may be able to file a lawsuit against the other driver to recover additional damages.
Additionally, if the accident resulted in serious or permanent injuries, you may be exempt from the no-fault system and able to file a lawsuit against the other driver for damages.
It’s important to understand the limitations and requirements of Florida’s no-fault law in the event of a car accident.
Proving Negligence in Your Car Accident Case
If you have been involved in a car accident in Daytona Beach and are seeking compensation for your injuries or damages, it’s important to be able to prove that the other driver was at fault or negligent.
Our legal team will handle the legal process and provide the following services to show the other party was at fault for your accident.
- Investigation: We will conduct an investigation of your accident and gather related evidence to help show fault and liability in your case.
- Expert Witnesses: An expert witness, such as an accident reconstruction specialist, can provide testimony to help demonstrate how the other driver was at fault.
- Medical Records: Medical records can be used to demonstrate the extent of your injuries and how they were caused by the accident.
- Maintenance and Repair Records: Maintenance and repair records can be used to demonstrate whether the other driver’s vehicle was properly maintained and in good working condition during the accident.
- Traffic Laws: If the other driver violated any traffic laws, such as speeding or running a red light, this could be used to demonstrate their negligence.
Our legal team will gather and present this evidence in a way that proves the other driver was at fault and increases your chances of receiving fair compensation for your damages.
Understanding Florida’s Comparative Negligence Law
Florida’s comparative negligence law is a legal principle that applies when more than one party is at fault for a car accident. Under this law, each party is assigned a percentage of fault for the accident, reducing their compensation.
For example, if you were involved in a car accident and found to be 20% at fault due to exceeding the speed limit, and the other driver was found to be 80% because they ran a red light, your compensation would be reduced by 20%.
Florida follows the “pure comparative negligence” system, which means that even if you are found to be mostly at fault for an accident, you may still be entitled to some compensation.
Damages You Can Recover from a Successful Car Accident Claim
After a car accident in Daytona Beach, you may be able to recover the following damages:
- Medical Expenses: This includes any costs related to medical treatment, such as hospital bills, prescription medications, physical therapy, and rehabilitation.
- Property Damage: This includes any damage to your vehicle or other personal property, such as a smartphone or laptop, that was in your car during the accident.
- Lost Wages: If you were unable to work due to the accident, you may be able to recover the wages you lost during that time.
- Pain and Suffering: This includes physical and emotional pain and suffering caused by the accident, such as chronic pain, anxiety, and depression.
- Loss of Consortium: If the accident resulted in the loss of companionship, support, or intimacy with a spouse or partner, you may be able to recover damages for this loss.
- Punitive Damages: In rare cases, you may be able to recover punitive damages, which are meant to punish the at-fault party for particularly reckless or malicious behavior.
The specific damages you can recover will depend on the circumstances of your case.
In Florida, there are no damage caps for economic damages such as medical expenses, lost wages, and property damage in a car accident claim. This means that you can potentially recover the full amount of your economic damages, regardless of the total cost.
However, there are damage caps in Florida for non-economic damages, such as pain and suffering, emotional distress, and loss of consortium. In car accident cases, non-economic damages are typically capped at $500,000 per claimant, or $1 million if the accident resulted in a catastrophic injury or wrongful death.
Daytona Beach Car Accident Lawyers Assist with Your Car Accident Claim
If you’ve been involved in a car accident in Daytona Beach, it’s important to have experienced legal representation on your side to help protect your rights and fight for fair compensation.
At Joe Horrox Law, our team of experienced attorneys is dedicated to helping clients navigate the legal process and get the compensation they deserve. We understand the physical, emotional, and financial toll that a car accident can take on you and your loved ones, and we’re here to help.
Contact us today for a free consultation and let us help you with your Daytona Beach car accident claim.