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Under Florida law, there are two key things you need to prove in order to secure financial compensation beyond the coverage available under your Personal Injury Protection (PIP) policy. First, you need to prove that you have suffered a “significant and permanent” injury. Second, you need to prove that the other driver was at fault in the accident.
Proving fault requires a prompt investigation of the collision. For this reason, it is important to hire a personal injury lawyer as soon as possible. Depending upon the circumstances involved an investigation may reveal that one or more of the following factors are to blame for your “significant and permanent” injuries:

1. Distracted Driving

Distracted driving is one of the most common causes of auto accidents in the United States. Each year, hundreds of thousands of accidents result from drivers’ poor decisions to text, talk on the phone, take selfies and use social media behind the wheel.

2. Fatigued Driving

According to the National Sleep Foundation, about 50 percent of all U.S. drivers admit to routinely driving while fatigued, and about 20 percent admit to falling asleep behind the wheel within the past year.

3. Drunk Driving

Florida has a higher rate of drunk driving accidents than most other states in the country. Despite the obvious and well-known risks of driving while intoxicated, each year thousands of Florida drivers choose to drink and then get behind the wheel.

4. Driving Under the Influence of Drugs

Driving under the influence of marijuana and other drugs is a common factor in Florida auto accidents as well. According to the Florida Department of Highway Safety and Motor Vehicles, drug-impaired drivers cause close to 1,000 accidents every year.

5. Aggressive or Reckless Driving

Speeding, following too closely, running red lights and stop signs, and other forms of aggressive and reckless driving all routinely lead to serious vehicle collisions. If it appears that one of these factors played a role in your accident, it is not necessary for the other driver to have received a ticket in order for you to pursue a claim for financial compensation.

6. Inexperience or Other Risk Factors

According to the Centers for Disease Control and Prevention (CDC), “The risk of motor vehicle crashes is higher among 16-19-year-olds than among any other age group.” Teen drivers who lack experience, drivers who suffer from medical conditions that can impair their driving ability, and others can present risks to themselves and everyone else on the road.

7. Inadequate Vehicle Maintenance

While driving errors are frequently to blame for vehicle collisions, other mistakes can cause and contribute to accidents as well. For example, if the driver who hit you failed to adequately maintain his or her vehicle (for example, by failing to replace worn brake pads or tires), this can support a claim for financial compensation.

Are You Entitled to Financial Compensation for Your Injuries?

If you have been injured in an auto accident in the Miami area and would like more information about your legal rights, we encourage you to contact us for a free, no-obligation consultation. To speak with a personal injury attorney at Miami Legal Firm, please call 305-265-2266 or inquire online today.