Orange City Car Accident Attorneys

Let Our Firm Maximize Your Entitled Compensation

When life takes an unexpected turn on the sunny streets of Orange City, FL, and you find yourself involved in a car accident, you need a dedicated and experienced legal team to help you navigate the complexities of personal injury law. At Politis & Matovina, P.A., our mission is to provide unwavering support to those affected by car accidents, ensuring they receive the justice and compensation they deserve. As your trusted Orange City car accident lawyers, we are committed to representing your interests, fighting for your rights, and achieving the best possible outcomes for you.

To learn more about your legal options, request a free case evaluation from our firm today by calling (386) 333-6613 or completing our online contact form.

What is Considered a Car Accident?

A car accident, also known as a traffic accident or motor vehicle accident, refers to a collision or incident involving one or more vehicles on the road. Car accidents can vary in severity, ranging from minor fender-benders to catastrophic collisions, and they can result in a wide range of consequences, from property damage to injuries or even fatalities.

Steps to Take After a Car Accident

Nobody plans on getting into a car accident, and that means nobody really ever prepares for what to do when they are involved in one. Between the property damage you have sustained, injuries that may have occurred, and the prospect of a long claims process that lies ahead, a car accident can be overwhelming. Here are six steps you should follow to give your case the best possible start.

1. Make Sure Everyone is Okay

The first and most important step after any accident is to make sure everyone involved is okay and to get help for anyone who may be seriously injured. Check with everyone in your car and everyone in any other cars involved, and call 911 immediately if anyone needs medical attention.

2. Contact Emergency Services

If nobody is seriously injured, contact emergency services, including the police department and a tow truck, who can come out and sort through the accident. If any of the vehicles involved are no longer drivable, you will need a tow truck to get them to a repair shop. Furthermore, police will be able to control road traffic, defuse the tension that so often develops in these situations, and take statements from both parties in order to file a police report.

3. Exchange Insurance Information

You and the other drivers involved in the accident should make sure you exchange all information, including contact and insurance info since you will all need to open claims to get your vehicles fixed or replaced. Be sure you write down everything including names, phone numbers, email addresses, physical addresses, insurance policy numbers, insurance provider companies, and more.

4. Gather Evidence

Nearly every cell phone has a camera these days. A car accident scene is an excellent place to use it. Take pictures of everything, including the damage to your car, the other cars, traffic control devices that may be relevant to the accident (stop lights, stop signs, traffic flow indicators, etc.) Try to get them in a way that shows what a driver may (or may not) have seen in terms of the accident.

5. Never Admit Fault

In an effort to diffuse the tension and put your best foot forward like a police person should, you may be tempted to step out of your car and immediately apologize. This is extremely important: never apologize to the other party at the scene of the accident. Insurance companies will often try to spin apologies as an admission of fault and they’ll immediately refuse to compensate you and try to pin total fault on you, even if the other party completely and blatantly caused the accident. It’s okay to be friendly and accommodating, but choose your words carefully at the accident scene.

6. Get a Police Report

Remember the police report mentioned a few points back? You’ll want to get a copy of this as soon as possible. Most reports won’t be made available until several days after the accident, but the officer at the scene should be able to give you and any other parties involved a report number that you can then use to request the report at a later date. This report is going to be extremely important to your case, so make sure you get a copy as soon as one comes available. Your insurance company will most likely want a copy of this as well to put with your claim file.

Common Causes of Car Accidents

Here are some of the most common causes of car accidents:

• Distracted Driving: Distracted driving is a leading cause of car accidents. It occurs when a driver diverts their attention from the road to other activities, such as texting, talking on the phone, eating, adjusting the radio, or using in-car entertainment systems.
• Speeding: Excessive speed reduces a driver's reaction time and the ability to stop in time to avoid a collision. Speeding is a major factor in many accidents, particularly those resulting in severe injuries or fatalities.
• Impaired Driving: Driving under the influence of alcohol or drugs, including prescription medications, can impair a driver's judgment, coordination, and reaction time, leading to accidents. Impaired driving is illegal and highly dangerous.
• Reckless Driving: Reckless driving includes aggressive behaviors like tailgating, weaving in and out of traffic, and ignoring traffic laws. It endangers not only the reckless driver but also other road users.
• Weather Conditions: Adverse weather conditions, such as rain, snow, ice, fog, and strong winds, can make road surfaces slippery and reduce visibility, increasing the likelihood of accidents.
• Running Red Lights and Stop Signs: Disobeying traffic signals and stop signs can lead to intersection accidents, which are often severe due to the high speeds involved.
• Fatigue: Fatigued or drowsy drivers have reduced alertness and slower reaction times, making them more prone to accidents. Long hours of driving, especially without adequate rest breaks, can contribute to driver fatigue.
• Inexperienced Drivers: Inexperienced or young drivers may lack the skills and judgment needed to navigate complex traffic situations, leading to accidents.
• Poor Road Conditions: Roads in disrepair, potholes, inadequate signage, and poor road design can contribute to accidents. These factors may cause drivers to lose control of their vehicles.
• Mechanical Failures: Vehicle malfunctions, such as brake failures, tire blowouts, or engine problems, can lead to accidents if drivers are unable to control their vehicles.
• Tailgating: Following another vehicle too closely (tailgating) can result in rear-end collisions when the leading vehicle suddenly stops or slows down.
• Aggressive Driving: Aggressive behaviors like road rage, aggressive overtaking, and confrontation with other drivers can escalate into accidents.
• Drowsy Driving: Driving while tired or sleep-deprived can impair a driver's ability to stay alert and make quick decisions.
• Unsafe Lane Changes: Changing lanes without using signals, not checking blind spots, or failing to yield the right of way can lead to accidents, particularly on highways.

Who is Liable for a Car Accident in Orange City, FL?

Florida's no-fault accident laws are a set of regulations that determine how auto insurance claims are handled in the event of a car accident. Florida is one of several states that have a "no-fault" insurance system in place.

The term "no-fault" means that after a car accident, each party involved in the accident is supposed to seek compensation from their own insurance provider, regardless of who caused the accident. This system is designed to streamline the claims process, reduce legal disputes, and ensure that injured parties receive prompt medical care and financial support.

Personal Injury Protection (PIP) Coverage

In Florida, all motor vehicle owners are required to have Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP coverage is intended to provide financial protection for policyholders and their immediate family members who are injured in car accidents, regardless of who was at fault. PIP coverage typically includes benefits such as medical expenses, lost wages, and funeral expenses.

PIP benefits are typically available for up to $10,000 in medical expenses and lost wages. These benefits are accessible regardless of who caused the accident. However, there are some limitations and restrictions on PIP benefits in Florida. For instance, PIP typically covers only 80% of medical expenses and 60% of lost wages.

What Are My Rights After Being Injured In A Car Accident?

If you've been injured in a car accident in Florida, you have several rights and options available to you under the state's laws.

1. Right to Medical Treatment

You have the right to seek medical treatment for your injuries. In Florida, your Personal Injury Protection (PIP) insurance, which is required for all drivers, will cover the first $10,000 of your medical expenses and lost wages, regardless of who was at fault for the accident. It is crucial to seek medical attention within 14 days of the accident to be eligible for PIP benefits.

2. Right to File a Personal Injury Claim

Under Florida's no-fault system, individuals injured in a car accident can only file a lawsuit against the at-fault driver under certain conditions. Florida law sets a threshold for filing of a lawsuit, and it is based on the severity of the injuries and out of pocket economic damages. You can typically sue the at-fault driver for non-economic damages (e.g., pain and suffering) only if you have suffered significant and permanent injuries, disfigurement, or death.

3. Right to Recover Compensation

• Medical Expenses: You can recover compensation for current and future medical expenses related to your injuries.
• Lost Wages: You have the right to recover lost wages if your injuries prevent you from working. This can include both past and future lost earnings.
• Pain and Suffering: In cases of severe injury, you may be entitled to compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
• Property Damage: You are entitled to recover the cost of repairing or replacing your vehicle or other damaged property.

4. Right to Legal Representation

You have the right to hire an attorney to represent you in your claim. An Orange City personal injury lawyer can help you navigate the legal process, negotiate with insurance companies, and, if necessary, file a lawsuit on your behalf. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

5. Right to Fair Treatment by Insurance Companies

Insurance companies are required to act in good faith when handling your claim. This means they must process your claim promptly, not unduly delay payment, and offer a fair settlement. If the insurance company acts in bad faith, you may have the right to file a lawsuit against them for additional damages.

6. Right to Collect Evidence

You have the right to collect evidence to support your claim. This includes gathering witness statements, obtaining a copy of the police report, and taking photographs of the accident scene and your injuries. An attorney can assist with collecting and preserving evidence, including securing expert witnesses if necessary.

7. Right to a Trial by Jury

If your case goes to court, you have the right to a trial by jury, where a group of your peers will determine the outcome of your case based on the evidence presented.

Auto Accident Statute of Limitations in Florida

In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. This means that if you were injured in a car accident, you must initiate legal proceedings within two years of the accident's occurrence. However, acting promptly to preserve your rights and gather necessary evidence is essential.

Get Started Today with a Free Consultation

At Politis & Matovina, P.A., we understand that being involved in a car accident can be a frightening experience. You may not know what to do or where to turn for help. You may not have the ability to work and make a living. Our firm can help you obtain the compensation you need to recover and move forward with your life.

Contact our Orange City car accident lawyers today at (386) 333-6613 to schedule a free consultation.