Miami Beach is an idyllic location, one that attracts countless tourists every year. It can be hard to believe that such a beautiful beach can be so close to the bustling metropolis of Miami City, but that is one of the benefits of visiting! You get the fast-paced enjoyment of the city with the utterly relaxing beach experience.

Whether you go in the high season or the low season, there are bound to be tourists and locals hurrying down the roads. Busy locals and tourists driving on unfamiliar roads are sadly a perfect recipe for car accidents, which are now common in Miami.

If you have been unlucky enough to be in a car accident in Miami Beach, you are entitled to compensation regardless of whether the other party is a tourist or a local. You might even be entitled to compensation if there was no other party, and you have suffered from poor road quality.

1-800VINCENT wants to help anybody who has been stressed and traumatized by an accident in Miami Beach, which is why we have created this simple guide to help you to understand what exactly you need to know about car crash compensation in Miami Beach.

Winning a Car Accident Negligence Claim in Miami Beach

Under Florida law, somebody is negligent if they do not exercise the caution that a normal, careful person would use under the same circumstances of the crash. Examples of driving negligently include speeding, running a stop sign, not yielding, texting, and driving, or driving under the influence. To succeed in a car accident negligence claim in Florida, an injured person must prove that the other party did not exercise caution as they should have been doing.

Proving negligence is the fundamental basis of auto accident claims, whether personal injury claims or wrongful death claims. When somebody who is injured can prove that the other party involved in an accident was negligent, the party at fault is obligated to pay their damages. To be held responsible for damages, negligence can be proved in a strict series of steps:

1. A driver owed a duty of care that they owe to both the injured party and all other motorists and pedestrians.
2. The driver broke that duty of care
3. That breach of duty resulted in the victim of the accident is injured
4. That breach of duty, therefore, means that the driver owes damages to the injured party.

Defendants in these negligence auto accident cases can claim against the injured driver, employers, vehicle owners, the injured driver’s parents or family members or even commercial carriers. Defendants can even include a bar for serving too much alcohol to somebody driving or against the company that made the car if a defect caused the accident.

Other Types of Negligence in Auto Accident Claims in Miami Beach

Other types of negligence can be established by a car accident attorney in Miami Beach who is trying to fight for their client’s retribution.

One such example is called vicarious liability. This involves instances where a defendant might not be directly liable but can be held to account because of a relationship that they have with a negligent party. For example, an employer who is making their employees work overtime without taking the rest breaks as required by law; a parent who is teaching their child how to drive or a motor vehicle owner who has allowed a driver to drive their car.

There is also a type of negligence called gross negligence. This is a special case, where a defendant’s conduct is so reckless that it counts as a fully aware disregard for human life and safety. This can lead to large settlements as the negligent driver is guilty of a very severe crime when proved guilty. A common example is an accident involving a drunk driver.

If a driver appears to be driving without negligence but causes an accident because they are not following state traffic law, they can be guilty of Negligence Per Se. This is a somewhat rarer case, but it is still possible to prove negligence per se with CCTV cameras and enactments especially.

How 1-800VINCENT Can Help

Every different form of negligence has different implications and requires different legal approaches. Because of this, you must hire the right lawyer for your case. Vincent wants to help with this. When you call 1-800VINCENT, our lawyer referral team will listen to your case and quickly get to work to connect you with the very best suited car accident attorneys for your case, from our extensive network of experienced lawyers. When you call 1-800VINCENT, we will connect you with the perfect car accident attorney in Miami Beach for no charge, though the attorney might charge a small fee if you win the case.