Hollywood Speeding Accidents

On one hand, Hollywood is a scenic, relaxing environment that beckons both locals and visitors to spend a leisurely day on the beach or the golf course, or watching the kids play at one of the many public parks in the area. On the other hand, Hollywood is also a busy, thriving community – and one of the largest cities in South Florida. People are often in a hurry to get to work or to check off the next errand on their to-do list. For many people, exceeding the posted speed limit is a way of life, rather than an occasional lapse in judgment. Consequently, speeding is a major cause of serious and fatal crashes in Broward County. The experienced Hollywood speeding accident lawyers at Cohn & Smith regularly handle motor vehicle collision cases in which speed was a major factor, and we know all too well just how devastating these crashes may be.

Speeding is dangerous enough, but, unfortunately, people who exceed the speed limit often engage in other risky behavior as well, such as distracted driving, driving under the influence of drugs or alcohol, or engaging in aggressive “road rage” tactics. Drivers who breach a legal duty owed to others may be held legally liable if their actions are proximate causes of harm such as physical injuries, property damage, or a wrongful death. A victim has a right to seek fair compensation to offset medical expenses, lost wages, and other costs necessitated by the accident, as well as payment for pain and suffering, disfigurement, and loss of enjoyment of life.

Even when the cause of an accident seems obvious, an injured person does not automatically receive a certain amount of compensation. Instead, they must make a claim against the at-fault driver with the assistance of a speeding accident attorney in the Hollywood area. Although many cases settle out of court, the injured person must be prepared to prove their case by a preponderance of the evidence in order to receive full compensation. In many cases, the defendant’s insurance company will allege that, even if its insured was partially at fault for the crash, the amount due to the plaintiff should be reduced because the plaintiff was also negligent. If this argument is successful, Florida’s pure comparative fault rule will reduce the plaintiff’s damages by the same percentage of fault that they contributed to the accident. As an example, suppose that either the parties agree or the jury determines that the plaintiff was 20% at fault and the defendant was 80% at fault. If the plaintiff’s damages are $150,000, the defendant will owe the plaintiff $120,000.

The defendant’s insurance company will probably pay the settlement or judgment up to its insured’s policy limits. If the insured has policy limits of less than the amount awarded, the plaintiff may seek payment for the difference from their own uninsured/underinsured (UM/UIM) motorist coverage insurance carrier. Of course, the plaintiff should not wait until after the verdict to notify their UM/UIM carrier of the accident, since they most likely have a contractual obligation under the policy to provide notice within a certain time period after the collision. Likewise, a claim must be filed against the at-fault party within the applicable statute of limitations, or the plaintiff’s legal rights will be forever barred unless they meet one of the very few exceptions to the general limitations period rule.

There are many procedural hurdles that must be met before an injured person or a deceased person’s family may recover fair compensation for injuries or death suffered in a speeding accident case. To talk to a knowledgeable car accident lawyer about getting started on your claim, call Cohn & Smith at 954-431-8100 or contact us online and ask for a free consultation. Our Hollywood speeding accident attorneys are ready to assert your rights to the limits of the law.