Car accident cases in Cocoa Beach are a relatively common occurrence, especially when tourists swamp the roads in search of the perfect vacation. The stress you experience after an accident can make it easy to make mistakes when filing a claim. If you’ve suffered physical injury or lost a loved one due to wrongful death, the process becomes even more complicated.
It’s time to dive into the nature of accidents, how compensation is determined, and what you can do to take matters into your own hands. Rather than relying on an insurance company to get you what you need, it may make more sense to look for car accident lawyers with practice areas in Cocoa Beach who can actually fight for what you deserve.
What To Know About Cocoa Beach Car Accident Claims
Certain traffic violations are criminal offenses in Brevard County and, by extension, Cocoa Beach. Some examples include dangerous driving behaviors, driving without a license, and driving while impaired. Familiarity with Cocoa Beach traffic laws can prevent you from breaking them and help you understand that others have done so.
You can file claims against motorists who are responsible for the accident after you have filed with your personal injury protection (PIP) insurance. PIP is required, but it only covers a part of accident costs associated with medical treatment and lost wages.
You want legal representation when dealing with your insurance company. You may field calls from the insurance adjuster and the legal team, all of whom are paid by your insurance provider and angling to lower their payment to you.
If you contact a Cocoa Beach personal injury lawyer, they can advise you on the legal process and what your next steps should be. A law firm like Florin|Roebig has years of experience with personal injury cases, and we’ve secured millions for our clients.
The Car Accident Claim-Filing Process
The terminology is simple enough, as are the steps. However, the pieces often shift based on available information and how it’s interpreted.
Provided it’s safe, and you’re capable of doing so, you should begin by gathering as much evidence as possible while you’re still on scene. This can include using your phone to take pictures or video, speaking with other drivers, passengers, and bystanders, and writing down your experience.
You can seek legal advice later in the process, but speaking to an attorney before you talk to your insurance company can save you a lot of headaches. Your personal injury lawyer will do a free case evaluation and advise you on what to say when dealing with your insurer.
Once you’ve received legal advice, fill out a claim with your insurance company. Be wary, as Florin|Roebig attorney Shaun M. Cummings advises,
“It’s common to misspeak in this step, and those can be expensive words. Stick to the facts, much like when you were younger. Embellishments can be read as fault, and claiming fault cuts the numbers on your settlement check.”
Cocoa Beach, Florida, Laws For Car Accident Cases
Florida state laws require a police report to be filed for any accident that results in $100 worth of damage, injured people, or fatalities. This report is one piece of evidence that can be used in your car accident claim, but be sure to read over the document to verify that it’s accurate before handing it over to anyone else.
Additionally, if you receive any citations as part of the accident, your response is required within 10 days. Failure to do so can lead to additional legal issues for you, including fines and warrants. While you may not share in the responsibility for the accident, citations can be written for many things.
City ordinances define appropriate parking locations and pedestrian interaction guidelines to make Cocoa Beach’s streets safer. Whether you live in the area or are one of many visitors, research these ordinances to avoid citations for parking illegally or purchasing or donating items from your window at a traffic light.
Other Florida laws to know regarding your case include the 14 days you have to seek medical treatment after an accident. You should see your primary care doctor even if you feel fine so that if problems arise later, there is a record that you met this requirement, and a medical professional can verify your condition.
Personal injury protection (PIP) insurance policies and personal damage liability (PDL) coverage are included in the process for all Florida drivers. Non-residents who have an accident should be aware that Florida is a no-fault state, and all parties in a car crash begin the process by filing claims on their own insurance.
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Cocoa Beach Car Accident Rates
South of Cape Canaveral Air Force Station, Cocoa Beach is a gateway to the Kennedy Space Station Visitor’s Complex. The city is also known for its beaches and surfing. As of 2022, Cocoa Beach has a population of 11,341.
Brevard County experienced these traffic accidents in 2023:
- 9,214 total accidents this year, including automobiles, bicycles, and motorcycles.
- 4,455 people reported injuries after their accident.
- Of these accidents, 103 resulted in death.
- Of these accidents, six were the result of alcohol and/or drug consumption.
Florida’s Department of Transportation classifies Brevard County as extremely unsafe for pedestrians and bicyclists. It’s one of the top 25 unsafe counties and had 305 bicycle crashes and 260 pedestrian crashes — high ratios for its population and overall accident numbers. It has one of the five most dangerous pedestrian corridors in the county as well on State Road A1A between State Road 520 and North Atlantic Avenue, which is in Cape Canaveral.
Cocoa Beach’s Worst Intersections
All roads can contain hazards that make things difficult for even the most experienced driver. While no roads can guarantee 100% safety, there are roads in Cocoa Beach that residents should proceed with caution. Be sure to obey any and all traffic laws. Listed are Cocoa Beach’s most dangerous intersections in Brevard County:
- A1A and Minutemen Causeway: The speed limit near the intersection is 35 mph and is busy with heavy traffic from tourists. Before entering this intersection, remember to slow down and always yield to the pedestrians and give them enough time to cross the street.
- A1A and Cocoa Isles Boulevard: At this intersection, there are traffic signals to control traffic flow. It is important to pay attention to these signals, watch for pedestrians, and obey the local traffic laws.
- A1A and SR 520: The speed limit on SR 520 in Cocoa Beach is 45 mph and the speed limit on A1A is 35 mph. There are designated turn lanes for both eastbound and westbound traffic on SR 520 at the intersection. Utilize the appropriate turn lane to avoid confusion and potential accidents.
Fault In Car Accidents
As mentioned above, Florida is a no-fault state and requires licensed residents to carry PIP and PDL minimums to help them in an accident. These coverages pay medical bills and replace income, but only a percentage up to the maximum amount. For example, if you make $1000 a week, your PIP would pay $600 a week at most.
Even if you did not cause the accident, you can be found partially at fault for it. March 24, 2023, sets the shift from pure comparative negligence to modified comparative negligence. For accidents prior to that date, your settlement will be reduced by the amount of fault placed on you. For accidents following that date, the same applies. However, pure negligence allows all parties to claim damages regardless of fault (even when the fault they carry is 99%).
When modified comparative negligence comes into play, it also implements the 50% bar rule. The combination means that your level of fault still reduces your settlement, but it removes your responsibility to pay the mostly at-fault party for their smaller percentage of damages, provided their responsibility is more than 50%.
Negligence And Degree Of Fault
Regardless of which set of Florida personal injury laws apply to your accident claim, know that you can carry responsibility for your own injuries. If you fail to come to a complete stop before making a right turn on a red light, you’ve also been negligent even though another car struck you because they ran their own red light.
Negligence is behaving in a way you know is illegal or at least disregards what a reasonable person would do in a given situation. If a pedestrian enters a crosswalk, motorists are supposed to yield to them. This applies even if there’s no walk signal because a reasonable person would make every attempt to prevent striking them.
In most personal injury cases, the plaintiff bears the burden of proof. Suing someone means that your legal team has to show that the defendant intended to either harm you or break the law while being aware of doing so, which led to your injuries.
Liability In Car Accident Cases
Liability is a tricky bit of law. A driver can cause an accident but be found not liable for it. This can be because the city or county failed to place a stop sign. An employee driving a work truck can see liability shift to their employer. The car manufacturer or auto shop may have done something wrong on a vehicle.
Any of these scenarios and more can mean that your car accident claims extend beyond the motorist who hit you. This is helpful when your injuries are severe, but the other driver is not someone who will be able to fully compensate you for your injuries.
In the employer/employee situation above, it’s known as vicarious liability. It means another party is financially responsible for the vehicle and whoever’s driving it. The same applies if a minor is driving a parent’s vehicle or a neighbor borrows a car for a quick store run. The person who owns the transport is as responsible as the one driving, if not more so.
A second nuance in liability is that of strict liability. This is when knowing Florida traffic laws is super important. A driver can be held responsible for an accident because they broke one or more traffic laws regardless of whether they knew that’s what they were doing.
Ways The Accident Can Impact Your Life
Motor vehicle accidents create two types of damages: economic and non-economic. These damages are a financial accounting of the changes to your life because of the collision. Economic damages are a direct reimbursement for out-of-pocket costs associated with the accident.
Noneconomic damages are intangible parts of your life that should be fairly compensated but can be challenging to define numerically. The types of damages you can file for will be determined by the details surrounding your financial situation, the extent of your injuries, and how the accident impacted your life.
This lists the top damages in a personal injury lawsuit and how each directly impacts your life:
- Medical expenses: From the initial consultation to the final surgical follow-up and all the visits in between, medical bills can be high.
- Specialist visits: This may include things like physical therapy sessions or chiropractic visits to regain muscle movements.
- Incidental care: During recovery, you may need an at-home aide to run errands, a cook to make meals, or a nanny to look after young children.
- Lost wages: The direct costs of time off work and projected future wages based on a lost career path can be tied to damages.
- Loss of consortium: This type of damage can only be filed by the injured party’s spouse or partner and may include anything from lost wages to the costs of mental stress.
- Pain and suffering: Accidents may cause undue anguish to the victim. You have the right to file for these damages if you’ve suffered greatly after the incident.
- Punitive: Punitive damages are enacted as a punishment against the at-fault driver. These damages are rarely awarded for car accidents because you need to prove that the other driver intentionally tried to cause the collision.
“When you contact Florin|Roebig, we can tally up the damages you’ve suffered. I work with you and for you to prove that you deserve that amount because you didn’t deserve someone else’s choice taking away the life you planned to lead.”
What To Do After A Car Accident In Cocoa Beach
No one is at their best when they’ve just been in a car crash. Knowing what to do before one happens can put you on the right track when you’re in the midst of an accident scene. It can prevent further injuries, help bring justice to accident victims, and ultimately assist with your personal injury claim.
When you’ve been in a car accident, be sure to:
- Stop and assess: Stay on the scene and check for injured people and property damage.
- Get responders on the phone: Call emergency services to report the accident and have response teams en route.
- Move away: Vehicles should be pulled out of traffic to make driving safer for others. When you can’t move the cars and trucks, at least move the people to reduce their risks.
- Document everything: Get name, license, and insurance info for all parties. Collect evidence in the form of pictures, videos, witness statements, your remembrance, and the information of any responding officers.
- Seek medical attention: Allow paramedics on the scene to examine your accident injury or see your doctor within 14 days of the accident.
- Talk to your lawyer: Finding legal help ASAP assists you in future conversations.
- Notify your insurance provider: You have limited time to start a claim after an accident.
Injuries stemming from accidents before March 24, 2023, have a four-year statute of limitations from the date of the accident or whenever you discover the problem. Accidents following that date are subject to a two-year statute of limitations for any personal injury claim.
A personal injury attorney in Cocoa Beach can go over the checklist of what you need to do in the aftermath of a car or truck accident. Missing important steps can cost your case, and there are many papers to file and fees to pay once you get the ball rolling.
How Florin|Roebig Can Help With Your Car Accident Claim
To date, Florin|Roebig Cocoa Beach car accident lawyers have won many settlements of over a million dollars each, including three of the largest contested jury verdicts in Florida. Most of our trial attorneys are board-certified, and our services are free unless we win. When you reach out to us, we’ll evaluate your case and decide if we can help your case.
As your legal representation, we’ll do the following on your behalf:
- File paperwork
- Communicate about fees for filing
- Speak with all insurance companies
- Negotiate a fair settlement
Practical Advice From Florin|Roebig Car Accident Attorneys
Motor vehicle collisions occur frequently in Florida, with its heavily populated cities and strong attraction for tourists. Whether you’re a resident or a visitor, we have a few practical tips to highlight about car accidents in Cocoa Beach.
- You should always let a medical professional examine you after an accident. You have 14 days for Florida law, but it’s also important to do it for your own well-being. If symptoms or injuries arise later, it’s easier to trace whether they resulted from the accident if you have medical records from that time.
- You should never make statements that sound like you believe the accident is your fault. Don’t apologize to the other drivers or emergency personnel on the scene. When giving statements, be very careful with your phrasing and provide the facts only.
- You should always document everything you can. You can record what you need with the camera and a note-taking app on your cell phone.
- You should never speak to an insurance representative without first consulting an attorney, especially when injuries or property damage is significant. But even seemingly minor aches and bumps can turn out to be more expensive than you anticipated. Don’t give liable parties the opportunity to lowball you.
FAQs About Car Accidents In Cocoa Beach, Florida
How do I dispute car accident fault in Florida?
The short answer is with evidence. The longer answer is that a law office like Florin|Roebig is your best bet in disputing fault. An experienced attorney can present your evidence and argue on your behalf better than you can because they’re familiar with all of Florida’s personal injury laws.
What should I do if someone sues me after a car accident in Florida?
Speak with an attorney before responding to the lawsuit. Otherwise, you may unknowingly accept blame for something you didn’t do and be financially responsible for someone else’s fault in a car accident.
Who pays for car damage in Florida no-fault?
Your property damage liability (PDL) insurance policy initially covers car damage in a Florida car accident. It’s a requirement in the state for all drivers, so you have something that can pay quickly following an accident.
If your damages exceed your insurance provider’s policy amount or your insurer gives you trouble about making a payout, contact us at Florin|Roebig for a free case evaluation. We can help make it right.
List Of Top-Rated Car Accident Attorneys Serving Cocoa Beach
Car accident attorneys can help you file and settle your claim in Cocoa Beach. The experienced attorneys at Florin|Roebig serve throughout Florida and have been helping our clients win compensation for personal injury claims.
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by “US News and World Report” and “Best Lawyers in America.”
A list of our esteemed car accident lawyers serving Cocoa Beach and other areas throughout Florida includes the following lawyers, as well as many others:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- John J. Hart
- Luca G Esposito
With over 30 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
We Are Nationally Awarded Lawyers
How To Get Help From Florin|Roebig Attorneys
If you don’t want to file a claim on your own, the Florin|Roebig law offices are here to provide the assistance you need. When you schedule a confidential and free consultation with one of our attorneys, you can ask us questions about your accident and whether an attorney can help you win your case.
We can discuss the details of your claim, provide you with legal advice, and offer a skilled estimate of your potential compensation award.
Contact us today to learn more:
- Visit our Palm Beach office: 777 South Flagler Dr., Ste. 800 – West Tower, West Palm Beach, FL 33401.
- Call us
- Chat with us on our website.
- Fill out our online form, and we’ll get back to you quickly!
As Shaun M. Cummings puts it,
“I want the accessibility of your legal team to be the least of your worries, so we respond immediately to help you and your loved ones move forward with your car accident claim.”
