Car accidents can happen in many ways. The nature of your collision, the cause, and the injuries you suffer can determine who bears fault for the crash and how much compensation you might pursue.
When it comes to common car accident scenarios in Clearwater, FL, causes and determining fault are two of the most important aspects of an attorney’s work.
After a crash, Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can evaluate your injury claim and fight for the compensation you deserve. Contact our law office today at (727) 796-8282 to schedule a free initial consultation with an experienced car accident lawyer in Clearwater, Florida.
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How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help After a Car Accident in Clearwater, FL
Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers has been a pillar of the Florida legal community since 1955. The firm has represented thousands of accident victims and recovered over $675 million in injury compensation for them.
If you suffer an injury in a collision, our Clearwater car accident lawyers can help you by providing:
- A free case evaluation so you understand the strength of your case
- Fierce advocates for your right to compensation
- Centuries of combined legal experience to fight at-fault parties and insurers
Injuries from a car accident can cause chronic pain and long-term disabilities. Contact Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for a free consultation to learn about your right to compensation after your car crash.
How Many Car Accident Injuries Happen in Clearwater?
Clearwater had 3,902 traffic accidents in 2022, according to the Florida Traffic Safety Dashboard. These accidents included 162 crashes involving pedestrians and cyclists. Once you exclude these crashes, car accidents in Clearwater caused three deaths, 75 serious injuries, and hundreds of minor or possible injuries.
These numbers were far below the peak in 2016. That year, the city had over 6,000 total traffic crashes. Car crashes in 2016 caused 11 deaths, 196 serious injuries, and thousands of minor or possible injuries.
Not all of these accident victims had an injury claim. Florida uses a no-fault insurance system. Under this system, car owners must buy personal injury protection (PIP) coverage that pays benefits to the occupants of the insured vehicle regardless of who caused the accident.
Accident victims can pursue claims against the at-fault driver in only two situations. First, if the victim’s PIP benefits exceed the $10,000 policy limit, they can seek compensation for any unreimbursed expenses. Second, if the accident victim suffers a significant, permanent injury, they can pursue a claim for medical bills, lost wages, pain and suffering, and other losses.
Analyzing Common Car Accident Scenarios
Negligence law determines the fault in most car accidents.
The accident victim must prove four elements to establish negligence:
- Duty of care
- Breach of duty
- Damages (losses)
All drivers must drive with reasonable care. This means following traffic laws. It also means refraining from any act or omission that creates an unreasonable danger, even if it does not violate a traffic law.
For example, Florida bans texting while driving. It allows drivers to talk on a handheld cell phone while driving, but doing so creates a significant danger to other road users, including pedestrians, bicyclists, and motorists.
Clearwater personal injury lawyers apply these principles to determine fault. Some examples include:
Rear-end accidents happen when one vehicle slams into the back of another vehicle.
These accidents can happen in many situations, such as:
- Brake checking
- Distracted driving
These accidents can cause whiplash injuries to the neck and back. The back-and-forth whipping can also cause concussions.
The driver of the rear vehicle almost always bears the liability for rear-end crashes. They must avoid following too closely. But the driver of the front vehicle may bear liability if they moved into the rear driver’s lane without leaving enough room.
Intersection crashes happen when a driver fails to yield the right of way, resulting in multiple vehicles in the intersection at the same time.
Examples of when this happens include:
- Running a red light or stop sign
- Turning into the path of an oncoming vehicle
- Failing to wait at a two-way or four-way stop
- Driving into an occupied crosswalk
The fault for an intersection crash falls on the driver who failed to yield. This means you need to determine who had the right of way and who moved improperly.
Distracted Driving Crashes
Distracted driving happens when a driver’s hands, eyes, or brain are occupied with an activity other than driving.
Distractions can come from any source, including:
- Food or drinks
- Children or pets
- Conversations with passengers
- Electronic devices
Distracted drivers cannot recognize road or traffic hazards. The fault for these accidents falls on the driver trying to drive while preoccupied.
Our Clearwater Car Accident Attorneys Can Help You Prove Fault and Recover Compensation for Your Injuries
Analyzing liability in a car accident can require legal knowledge and experience. Contact Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers at (727) 796-8282 for a free consultation to discuss your car accident and who might bear liability for your losses under Florida law.
Our law firm handles all types of car accident cases involving: