By Jose M. Francisco, Founder, The Law Offices of Jose M. Francisco
Interstate 95 is the lifeblood of Miami, but for thousands of commuters, tourists, and commercial drivers, it can instantly become a scene of chaos and devastation. From the constant congestion around the Golden Glades Interchange to the high-speed traffic near downtown, a car accident on I-95 can be a life-altering event.
Having handled hundreds of car accident cases that began on this very highway, our firm has seen firsthand how a moment of negligence can change a life. We understand the confusion and fear that follow a crash. This guide is designed to provide a clear, step-by-step roadmap to protect your health, your rights, and your financial future after an I-95 accident.
Your Immediate Priorities at the Scene: Safety and Evidence
What you do in the first 30 minutes after a crash is critical. While your adrenaline is high, try to focus on these essential steps:
- Assess Injuries and Call 911: Your health is the absolute priority. Check on yourself and your passengers. Even if injuries seem minor, call 911 immediately. This summons medical help and ensures law enforcement (usually the Florida Highway Patrol on I-95) arrives to create an official crash report.
- Move to a Safe Location (If Possible): I-95 is unforgiving. If your vehicle is operable and you can do so safely, move it to the shoulder to avoid a secondary collision. Turn on your hazard lights.
- Document Everything: Use your smartphone to become a meticulous evidence collector. Take photos and videos of everything: vehicle damage from multiple angles, skid marks on the pavement, surrounding traffic signs, the weather conditions, and any visible injuries.
- Exchange Information: Get the other driver’s name, address, phone number, driver’s license number, and insurance information. Do not argue about fault. Stick to the facts.
- Speak to Witnesses: If there are witnesses, ask for their names and phone numbers. An independent account can be invaluable later.
The Clock is Ticking – Critical Florida Laws You Must Understand
After leaving the scene, the legal and insurance processes begin immediately. Florida has specific laws that dictate your rights and responsibilities. Understanding them is crucial.
The 14-Day PIP Rule
Florida is a “No-Fault” state, which means your own auto insurance provides the first line of coverage for medical bills through your Personal Injury Protection (PIP) policy. However, under Florida Statute § 627.736, you must seek initial medical treatment within 14 days of the accident to be eligible to use your $2,500 in PIP benefits. Waiting past this two-week window can result in a complete forfeiture of this critical coverage.
Florida’s Statute of Limitations
The law places a strict deadline on your right to file a personal injury lawsuit. In Florida, you currently have two years from the date of the accident to file a claim for negligence (Florida Statute § 95.11(3)(a)). While this seems like a long time, building a strong case takes time. If you miss this deadline, the courts will almost certainly bar you from ever seeking compensation for your injuries.
The Doctrine of Comparative Negligence
What if you were partially at fault? Florida follows a “modified comparative negligence” rule (Florida Statute § 768.81). This means you can still recover damages as long as you are not more than 50% responsible for the accident. However, your recovered amount will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your final award would be reduced by 20% to $80,000. Insurance companies are experts at using this rule to shift blame and reduce payouts.
Why an Experienced Miami I-95 Car Accident Attorney is Your Best Ally
Navigating a personal injury claim is challenging under any circumstances. An I-95 car accident claim is something our firm is deeply familiar with:
- Severe Injuries: The high speeds on I-95 often result in catastrophic injuries that require extensive, long-term medical care. We work with medical and financial experts to accurately calculate the full cost of your recovery, including future surgeries, rehabilitation, and lost earning capacity.
- Complex Liability: Chain-reaction pile-ups and accidents involving commercial trucks can involve multiple liable parties, from the driver to the trucking company to maintenance contractors.
- Insurance Company Tactics: Insurers are not on your side. Their goal is to protect their bottom line by delaying, denying, or devaluing your claim. They may offer a quick, lowball settlement before you even know the full extent of your injuries.
Our role is to level the playing field. We immediately take over all communication with the insurance adjusters, conduct a thorough investigation to establish fault, and handle all the legal deadlines and complex paperwork.
Let Us Handle the Fight While You Focus on Healing
A car accident on I-95 is a serious disruption to your life. Your energy should be dedicated to your physical and emotional recovery, not to battling insurance companies. If you have been injured, you have the right to seek compensation for your medical bills, lost wages, and pain and suffering.
Contact our Miami office today for a free, no-obligation consultation. We will listen to your story, review the details of your accident, and provide a clear, honest assessment of your legal options. You pay nothing unless we win your case.
About the Author
Jose M. Francisco was born in Havana Cuba and he has been a resident of the Miami metropolitan area since 1974. He attended Barry University and Nova University school of Law. He graduated with his doctor’s degree in 1991. In 1991 Jose Francisco founded The Law Offices of Jose M. Francisco, P.A. The Law Offices of Jose M. Francisco, P.A. handles all types of personal injury, product liability, insurance coverage, and consumer cases. Personal injury cases handled by the firm include automobile accidents, slip and falls, wrongful death, workers compensation, medical malpractice, and insurance matters.
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