A Car Accident Attorney Can Help Victims Seek Compensation

Even a minor car accident can leave you shaken and wondering what to do next. You may be facing extensive physical injury and property damage, or worse.

The car accident attorneys at Chanfrau & Chanfrau in Daytona Beach, FL, can help you pursue the compensation you need to recover.

What should I do if I've been in an accident?

_{According to the National Highway Traffic Safety Administration}

In order to have grounds for a lawsuit or insurance claim, an individual or party must have acted with negligence. Negligence is a legal term that essentially means someone failed to act with proper care. 

Understanding what caused your accident is the first step to building a strong case for compensation. Our team at Chanfrau & Chanfrau can investigate the incident and call upon experts in accident reconstruction to identify the responsible parties and hold them accountable.

Our car accident attorneys at Chanfrau & Chanfrau can help you collect compensation for your injuries. After a serious accident, there are two types of damages that injured victims can receive.

Compensatory damages are the most common and are meant to help you rebuild your life. Some judges may also award punitive damages, which are intended to punish the negligent party.

In cases involving auto accidents, it is important to establish fault by showing that an involved party acted negligently. Fault can usually be determined in accidents involving some common factors:

Speeding

Year after year, speeding continues to be one of the most common causes of car accidents. As speed increases, so do the distances needed to brake effectively. A speeding motorist also has less time to react to an incident in front of him or her. 

Inattentiveness

Operating a motor vehicle is inherently risky. The momentum of a two-ton car traveling at high speeds is tremendous, and can easily cause injury or death when it impacts another vehicle. For this reason, drivers have an obligation to be attentive, alert, and aware at all times.

Use of Controlled Substance

Every day in America, almost 30 people die in motor vehicle crashes that involve an alcohol-impaired driver. There are strict laws in place regarding the use of drugs and alcohol while driving because intoxication due to alcohol or drugs can severely impair a person's motor skills and cognitive functions. 

Failure to Yield

All drivers must do everything possible to avoid a crash. Florida law does not specify when a driver has the right-of-way. Instead, the law describes who must yield the right-of-way in various situations. For example, after a complete stop at a stop sign, you must yield the right-of-way to all other traffic and pedestrians.

Failure to Signal

Just as it is important to yield the right of way to fellow motorists, it is also important to alert fellow motorists of your intended actions by using turn signals. Doing so allows other drivers to react in a safe manner.

Texting or Using a Cell Phone

Texting while driving poses a grave risk to other motorists, as well as pedestrians and bicyclists. In fact, distracted driving can be as dangerous as driving under the influence of drugs and alcohol. According to the National Highway Traffic Safety Administration, more than 3,300 deaths could be attributed to distracted driving in 2012 alone. 

Road Rage

Road rage refers to aggressive driving behaviors where an angry motorist attempts to intentionally injure another driver because of a traffic dispute. An aggressive driver will often react negatively and use his or her vehicle to retaliate by making sudden, threatening maneuvers. Consequently, road rage can seriously endanger everyone on the road. 

Tailgating

When a driver behind you paces his vehicle too close to yours, they are engaging in the risky behavior known as tailgating. This may be because:

1. the driver is impatient and wants to go faster
2. the driver has road rage
3. the driver overestimates their driving ability
4. the driver is trying to draft or slipstream behind your car

Regardless of the reason, tailgating is a form of aggressive driving that can cause accidents for which the tailgating driver would be responsible.

Rubbernecking

Rubbernecking is when a driver looks at an accident or another event along the side of the road, or in another lane of traffic. The driver removes their sight from the road in front of them, making rubbernecking a form of distracted driving. Most of us have been in traffic due to rubbernecking as drivers slow down to gaze at a wrecked car or emergency responders on the side of the road. Unfortunately, rubbernecking is more than an annoyance that causes a delay in getting to our destination. Distracted drivers can cause accidents, including rear ending or losing control of a vehicle.

Driver Fatigue

Driving when fatigued or sleepy increases the chances of an auto accident for a few reasons:

1. It reduces the driver's attention and focus on the road
2. It reduces the driver's reaction times
3. It compromises the driver's ability to make good decisions

Any of us can fall victim to drowsy driving if we have had insufficient sleep. That said, commercial truck drivers who must record log hours behind the wheel and shift workers are at higher risk of crashing their cars due to driver fatigue.

Night Driving

Night driving can be hazardous in part because fatigue undermines our ability to focus. Additionally, though, night vision can play a factor, whereby the driver cannot see as well in low-lighting conditions. Drivers should get regular eye exams to detect night vision problems, which typically arise and worsen with age.

Drivers have an obligation to be attentive, alert, and aware at all times.

Teenage Drivers

Vehicular accidents are the number one cause of death among teens nationwide, according to Center of Disease Control statistics. Teens are more likely to speed and not recognize hazards or respond to them properly due to their minimal driving experience. Texting while driving and driving while impaired are also risky behaviors that teens engage in, putting them at greater risk for a car crash.

Poor Car Maintenance

Car owners have a duty to keep their cars in good working condition. When they fail to do so, their vehicle may break down and cause a crash. Vehicles should be inspected regularly, including brake pads and tires. Any repairs you need should also be done by a professional, rather than by an amateur who may not recognize or accurately correct mechanical issues.

Inclement Weather

Wind, rain, snow, and other types of precipitation make for hazardous road conditions. Drivers need to take care to reduce their speed, give themselves plenty of room between cars, drive defensively, and allow extra time to get to their destination in bad weather. Not taking these precautions can mean an accident for which you may be at fault.

Accidents involving DUI (driving under the influence) can have a life-changing impact on victims. Our experienced attorneys can establish negligence and secure the full compensation you deserve so you can begin healing. If you or someone you love was involved in a motor vehicle accident as a result of a drunk driver's recklessness, we encourage you to consult with a DUI accident lawyer from our law firm. Our team has a wealth of experience handling these types of cases and can advise you of your rights and recommend a course of action. 

Conducting an Investigation and Establishing Negligence

All motorists have a responsibility towards other drivers on the road. It is important to remember that driving is a privilege, not a right, and there is a strict standard of behavior and duty which motorists are expected to follow. This includes obeying all traffic laws, driving in a generally safe and reasonable manner, driving for the conditions, and driving only when sober and cognizant of one's surroundings. If a motorist drives while under the influence of drugs or alcohol, it can greatly impair his or her ability to react to external hazards or maintain control over the vehicle. If it can be shown that an accident involved an individual who was driving under the influence, negligence can easily be established.

We pride ourselves on being large enough to serve you professionally, yet small enough to know you personally. We are here to help.

The team at Chanfrau & Chanfrau have extensive experience investigating motor vehicle accidents, and can leverage this experience to establish liability in your case. Working with accident reconstruction experts, forensics experts, local law enforcement officials, and witnesses, our team can accurately reconstruct the accident to determine the cause. If a motorist was driving under the influence of alcohol, then he or she can be held liable for damages. Rest assured, we will work diligently to ensure that your legal rights are protected and that the negligent party is held responsible for their actions.

Filing a Claim for Damages

Once negligence has been established, our team will work to determine the full extent of your losses. As a victim, you are entitled to damages, which are monies awarded for financial, physical, and mental loss stemming from an accident. Though no two cases are the same, you may be able to recover damages for:

Pain and Suffering

Not all damages are awarded for strictly quantitative losses. If you were severely injured or a loved one suffered a wrongful death as a result of a DUI accident, you may be entitled to financial compensation for pain and suffering, emotional distress, and loss of consortium. We will do everything that we can to help you recover for qualitative losses as well as financial loss.

Medical Expenses

Any related medical expenses stemming from your accident should be reimbursed by the defendant or his or her insurance company. This can include previous medical expenses and expenses for future related care.

Rehabilitation

If your injury or your loved one's injury will require extensive and ongoing rehabilitation, then these medical costs should be covered as well. If this describes your situation, you can trust that we will commit ourselves to maximizing your recovery so that you can focus on what's most important – healing.

Time Off of Work

In some cases, your injuries may be so severe that you miss work. Whether you are out for a week, a month, or are permanently unable to work, we will work to recover damages that are sufficient to cover a loss of wages or loss of earning capacity. If you are permanently unable to work, these damages should cover a lifetime of lost wages.

Recover the Compensation You Deserve

Being involved in an auto accident can leave you feeling helpless. Fortunately, our experienced team is here to provide counsel and representation. We have the knowledge, expertise, and experience necessary to help determine fault in your accident and pursue appropriate damages.