Who Is At Fault for My West Palm Beach Car Accident?  

If you were injured in a car accident in West Palm Beach, Florida, you may be faced with serious injuries, significant pain and suffering, and a long recovery. You may wonder how you will be able to pay for your medical expenses and other bills while you are trying to heal. 

Determining who is at fault for your West Palm Beach car accident is an integral part of obtaining maximum compensation for the losses you’ve suffered.

The dedicated car accident lawyers at Hollander Law Firm have more than 28 years of combined legal experience. Empathy and compassion are our driving forces, and we will not be satisfied until we have helped recover the compensation you deserve following a terrifying car accident. Contact us today for a free, no-obligation case review by calling us at (561) 556-7873.  

How a West Palm Beach Car Accident Lawyer Can Help With Your Claim

Our law firm is a pillar of the community. We are known for zealously advocating for our clients. We want to be there for you to provide care and guidance during this difficult time in your life. 

When you hire our West Palm Beach car accident attorneys, you can count on us to:

• Gather evidence to determine who is at fault for your accident
• Advise you of your legal rights and options
• Answer any questions that arise during the claims process
• Handle communication with others on your behalf
• Negotiate for fair compensation

You have nothing to lose by contacting our West Palm Beach, FL law office today for a free case review.

What Are Common Causes of Car Accidents in West Palm Beach, Florida? 

According to the National Highway Traffic Safety Administration (NHTSA), 93% of motor vehicle accidents are caused by driver error. 

Common causes of mistakes drivers make that lead to collisions include:

• Speeding – Drivers who choose to speed put other motorists at significant risk because they will require much more distance to come to a complete stop at an increased level of speed. They are also more likely to cause serious injuries if they collide with another vehicle, according to the NHTSA.
• Distracted driving – Distracted driving is one of the most common causes of car accidents today. Drivers may not keep control of their vehicle or recognize hazards when they are paying more attention to other activities, like texting, talking on a cell phone, talking to passengers, tending to children or pets, eating, or drinking.
• Impaired driving – Drivers who drink or take drugs may have impaired judgment, have difficulty seeing and perceiving hazards, and be more likely to engage in risky driving behaviors. This can lead to DUI accidents. 
• Drowsy driving – When a person is sleep-deprived, their driving habits mimic those of someone who is beyond the legal alcohol limit. Drowsy drivers may fall asleep at the wheel, drift into adjacent lanes, and have trouble maintaining speed and the vehicle in a single lane.
• Failing to yield the right-of-way – Some drivers may fail to respect traffic laws or simply miss a sign, causing them to crash into another vehicle.

An experienced West Palm Beach car accident lawyer can thoroughly investigate your claim and determine the factors and parties that contributed to it.

Florida’s Auto Insurance Laws

Florida is a no-fault state when it comes to car accidents. This means that car accident victims turn to their own insurance policies for coverage, regardless of who is at fault. 

All registered vehicles must have personal injury protection (PIP) of at least $10,000. PIP insurance covers 80% of your reasonable and necessary medical expenses stemming from your injuries up to the policy limits.

If you suffered a “serious injury” as defined under state law, you could pursue a third-party claim against the negligent driver. 

In these cases, you could pursue compensation for the full value of your losses, including:

• All of your accident-related medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Mental and emotional distress and anguish
• Property damage

To recover this compensation, you will need to prove who was at fault for your accident.

Possible Responsible Parties in a Car Accident in West Palm Beach, FL

The person or entity responsible for your car accident will depend on the circumstances surrounding it. Potential parties who may be responsible for the accident might include:

Other Drivers

The first party you may look to for compensation may be the other driver. Other drivers may act negligently and cause an accident, such as if they were speeding, following too closely, or texting while driving.

Manufacturers

In some accidents, neither driver may have acted negligently, but they still got in a collision. These accidents may be due to something that went wrong with the vehicle. If a defective part or faulty installation caused the collision, you may be able to seek compensation from the manufacturer of the defective part or vehicle.

For example, some manufacturers who have been held liable in previous motor vehicle accidents include:

• Manufacturers of tires that would blow out and cause rollover accidents or collisions with other vehicles
• Manufacturers of defective airbags that did not deploy after an accident
• Manufacturers of airbags that were defectively made and shot metal parts out at vehicle occupants
• Manufacturers of floor mats that would cause a driver to accelerate accidentally

A West Palm Beach personal injury lawyer can investigate your ability to hold these or other manufacturers responsible for your injuries.

Government Entities 

In other situations, the government may actually be liable for your car accident. State, county, and city governments are typically tasked with maintaining the roadways in a safe condition. If your accident was due to poor road maintenance or design, the government may be responsible for your injuries.

Defective roads and poor maintenance accidents may be caused by:

• Lack of signs
• Deteriorated signs
• Obscured signs
• Steep shoulder drop-offs
• Road debris
• Potholes
• Lack of rumble strips
• Lack of guardrails

A lawyer can review the circumstances surrounding your accident and determine which government agency was responsible for the roadway and your injuries. 

How Long Do You Have To File a Car Accident Claim in West Palm Beach, Florida?

Under Florida’s statute of limitations, you’ll have up to two years to file your claim in most cases. Due to a recent change to state law, a two-year deadline applies to car accidents occurring on or after 3/24/2023, and a four-year deadline applies to crashes that took place before that date. This time limit applies to cases involving negligence, such as when another driver carelessly crashed into you. Claims based on product liability have a four-year time limit, irrespective of when the crash took place. However, exceptions may apply, so it’s best to consult an experienced attorney as soon as possible.

Contact an Experienced Car Accident Law Firm in West Palm Beach for Help Determining Liability

To discuss your case in detail and determine who is at fault for your car accident, contact Hollander Law Firm to schedule a free consultation with an experienced West Palm Beach car accident attorney.