What are the first steps to take following a car accident?

The time following a car accident can be one of the most complicated, confusing times possible. If you are involved in a crash, it is important to remember that there are several things that you can do at the scene of the accident to both take care of yourself, and make the claim process proceed as smoothly as possible. The first thing is to dial 911 for emergency medical treatment. If you feel dizzy, stay in your car until help arrives. If you feel okay, lend aid to those who need it. You should also immediately begin to document the scene of the accident by taking photographs; take pictures of everything from the vehicles involved to the scenery around it from every angle. These photos could prove to be invaluable later. You should also immediately gather important information, such as the contact and insurance information from the other drivers, license plate numbers, and contact information from any witnesses. Finally, you should make sure to call local law enforcement to report the accident.

The injuries I suffered in the accident are permanent. What can I do?

Thousands upon thousands of car accidents occur every single year. Most of these are minor fender-benders where occupants walk away unharmed, or with mild bruises and scrapes. This, however, is not always the story when it comes to car accidents. On many occasions, car accident victims suffer from life-altering injuries that may even be permanent in nature. When this occurs, it changes the entire nature of the personal injury case. It becomes absolutely crucial that comprehensive compensation is sought; this will help to cover not only past and current expenses, but also pursue resources that allow the victim to be cared for throughout their entire life. For this reason, it is important that the case is not started too early. In fact, you may be prompted to wait until you have reached Maximum Medical Improvement (MMI), which is the point where you will no longer get any better. Due to the complications of claims involving permanent injuries, having knowledgeable representation becomes even more crucial.

How would fault be determined in a car accident?

For many victims of a car accident, the first question they want answered is how to prove that the other driver(s) were at fault. This, however, cannot be answered with an exact formula, and there is no step-by-step process where fault is determined. Rather, it's an art where several different factors are evaluated. For example, the first thing that may be looked at is whether or not someone was breaking a law at the time of the accident. This could be someone who was exceeding the speed limit, under the influence of drugs and/or alcohol, or making an illegal left turn. All of these could easily pinpoint fault. Another step that may be taken is determining what kind of car accident happened. Was it a rear-end crash? While not always, in most rear-end accidents, the driver behind is usually at fault. That being said, there are cases where they are not; for example, if they were cut off or if the driver in front of them started reversing. Due to these complications and gray areas, it is important to have a lawyer on your side to help protect your rights.

What are some of the most common causes of car crashes?

In most cases, car accidents are caused by the humans driving them. In the Traffic Crash Statistics Report 2010, the Florida Department of Highway Safety and Motor Vehicles stated that the number one contributing cause of crashes was careless driving, accounting for nearly 40 percent of that year's crashes. Other main causes included drunk or drugged driving; failure to yield the right-of-way; exceeding the stated or safe speed limit; disregarding traffic signals; improper turns; wrong-way driving; and improper passing. That being said, the behavior of drivers is not the only source of causes for car accidents. Crashes can also be caused by faulty auto parts, inclement weather, dangerous roadways, or even an animal appearance.

Whiplash is a common neck injury sustained in car accidents. It occurs from the neck being distorted past its normal range of motion by being over-extended. For example, when hit from behind, the jolt of the vehicle can cause the neck to extend forward and then be thrust back when the driver's body hits the seatbelt. Reports estimate that whiplash is the most common nonfatal injury sustained in car accidents, with more than a million people suffering from it each and every year. What makes this injury so common is that the car accident does not even need to be severe for it to happen; it can be sustained at speeds as low as 15 mph.

What if I was partially at fault for the car accident? Can I still recover?

Florida follows a modified comparative negligence system under Fla. Stat. § 768.81. Under current Florida law, an injured person may recover damages if they are 50% or less at fault, but their recovery is reduced in proportion to their share of responsibility. What this means is that if you are determined to be 20% at fault for the accident, and were going to recover $100,000 in damages, it would be reduced in proportion to how much you were at fault and, instead, would only recover 80%, or $80,000.

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Fort Lauderdale Roads Are Among the Most Dangerous in Florida

A car accident can turn your life upside down in an instant. Medical bills start arriving before you've even left the hospital, your car is totaled, and you're not sure how you'll pay for any of it. If you were injured in a crash in Broward County, a Fort Lauderdale car accident lawyer from Feingold, Posner & Draizin Accident Lawyers can help you understand your rights and fight for the full compensation you deserve. You didn't ask to be in this situation. We're here to help you through it.

Broward County consistently ranks among Florida's highest-volume crash counties according to Florida Highway Safety and Motor Vehicles (FHSMV) data and Signal Four Analytics reporting. Fort Lauderdale sits at the center of that activity. Corridors like I-95 through downtown Fort Lauderdale, US-1 (Federal Highway), Broward Boulevard, and the I-595 interchange generate serious crash activity year after year, with thousands of collisions resulting in injuries, fatalities, and significant property damage annually.

The human cost is real. Crash victims face mounting medical expenses, weeks or months away from work, and the emotional weight of an injury that wasn't their fault. Feingold, Posner & Draizin Accident Lawyers has spent over two decades helping Fort Lauderdale crash victims recover what they're owed, and we're ready to do the same for you.

Common Causes of Car Accidents in Fort Lauderdale

Understanding what caused your crash matters because it shapes how liability is established and how your claim is built. In Fort Lauderdale and Broward County, crashes tend to cluster around specific behaviors and road conditions that our attorneys know well.

Driver Behavior Causes

Distracted and texting-while-driving: Florida law under Fla. Stat. § 316.305 restricts certain handheld wireless device use while driving, including texting while driving. A violation of that statute creates strong evidence of negligence and can be a critical piece of your case.
Drunk and impaired driving: Broward County DUI crash data is consistently elevated. A DUI citation or conviction in a criminal case runs parallel to your civil injury claim and often supports higher damages.
Aggressive driving and road rage: Tailgating, illegal lane changes, and running red lights are common on high-traffic corridors like Oakland Park Boulevard and Sunrise Boulevard.
Speeding: Excessive speed is a leading factor in fatal crashes on I-95 and Florida's Turnpike through Broward County.
Fatigued driving: Fort Lauderdale's 24-hour entertainment and hospitality economy means drowsy drivers are on the road at all hours, not just overnight.

Road and Environment Causes

Construction zone hazards: Active expansion projects on I-595 and I-95 create shifting lane patterns, reduced visibility, and increased collision risk.
Poor lane markings and signage: Inadequate road markings at busy intersections contribute to confusion and preventable crashes.
Heavy rain and standing water: Florida's wet season dramatically increases hydroplaning risk, and South Florida's flat terrain makes standing water a persistent hazard.
Tourist and seasonal driver unfamiliarity: Fort Lauderdale's seasonal population brings drivers who aren't familiar with local interchange patterns and traffic flow.

No matter what caused your crash, our job is to prove who was at fault and make sure you're fully compensated.

Types of Car Accident Claims Feingold, Posner & Draizin Accident Lawyers Handles

Our legal team handles the full range of car accident claim types across Fort Lauderdale and Broward County. Every crash is different, and we approach each one with the same level of attention and preparation.

Rear-end collisions: Often caused by distracted or tailgating drivers. Liability is typically clear, but insurers still contest injury severity aggressively.
Head-on and wrong-way crashes: Among the most catastrophic crash types on Broward County roads, often resulting in life-altering injuries.
T-bone and side-impact accidents: Common at Fort Lauderdale intersections where signal compliance is poor and cross-traffic speeds are high.
Rollover accidents: Frequently involve SUVs and pickup trucks at highway speeds on I-95 and I-595, often with severe injury outcomes.
Multi-vehicle pileups: Complex liability across multiple parties requires thorough accident reconstruction and careful documentation.
Hit-and-run accidents: Florida's uninsured motorist coverage under Fla. Stat. § 627.727 may provide a recovery path even when the at-fault driver flees the scene.
Drunk driving accidents: Civil claims run parallel to criminal proceedings and often yield higher damages, including potential punitive damages.
Distracted and texting-while-driving accidents: Electronic records and cell phone data are key evidence we pursue from the start.
Single-vehicle accidents: May involve road defect or government liability claims when a dangerous condition caused or contributed to the crash.

Whatever type of crash you were involved in, we leave no stone unturned to identify every liable party and every available dollar of compensation.

Florida's No-Fault Insurance Rules and Your Right to Sue

Florida operates under a no-fault insurance system, which means your own insurance pays your initial medical bills regardless of who caused the crash. Under Fla. Stat. § 627.736, Florida drivers are required to carry Personal Injury Protection (PIP) coverage that pays 80% of reasonable medical expenses and 60% of lost wages, up to a combined limit of $10,000.

PIP covers your immediate bills. But it rarely covers everything, especially if your injuries are serious. To step outside the no-fault system and sue the at-fault driver directly for pain and suffering, you must meet Florida's serious injury threshold. That means your injuries must involve at least one of the following:

Significant and permanent loss of an important bodily function
Permanent injury within a reasonable degree of medical probability
Significant and permanent scarring or disfigurement
Death

If your injuries meet that threshold, you have the right to pursue a much larger claim directly against the driver who hurt you, including full compensation for pain, suffering, lost earning capacity, and more.

It's also worth noting that Florida's legislature has debated significant changes to the no-fault PIP framework in recent years. The current status of those changes can affect how your claim is structured, and our attorneys stay current on every development so your case is built on the right foundation.

When the at-fault driver has no insurance or insufficient coverage, uninsured and underinsured motorist (UM/UIM) coverage under Fla. Stat. § 627.727 becomes a critical backstop. If you purchased UM/UIM coverage, it can make up the difference between what the at-fault driver can pay and what you actually lost.

Navigating Florida's insurance rules is complicated. But we know exactly how these systems work, and we'll make sure you pursue every avenue available to you.

How Insurance Companies Devalue Fort Lauderdale Car Accident Claims

Insurance companies are not on your side. Their adjusters are trained to pay as little as possible, and they start working against you the moment you file a claim. The tactics they use are deliberate, well-practiced, and designed to take advantage of people who don't know what to watch for.

Our attorneys spent years on the other side of these cases. One served as a shareholder at one of Florida's most respected insurance defense firms. Another served as in-house counsel for a national auto insurance company. We know every tactic they use because we helped develop them. Here's what to watch for:

Recorded statement traps: Adjusters call within hours of a crash to get statements that can be used to minimize your injuries or shift blame onto you.
Delay tactics: Dragging out the claims process hoping financial pressure will push you to accept a low offer before you know the full scope of your losses.
Independent medical examinations (IMEs): Sending you to a doctor of their choosing, paid to find your injuries less severe than they actually are.
Disputing causation: Arguing that your injuries existed before the crash or were caused by something entirely unrelated.
Social media surveillance: Monitoring your accounts for any post that suggests you're less injured than claimed.
Quick, lowball settlement offers: Presenting a fast settlement before you understand the full extent of your injuries or long-term costs.

Now we use that insider knowledge to help pursue every available source of compensation on your behalf.

Compensation Available in a Fort Lauderdale Car Accident Case

A serious car accident doesn't just hurt you physically. It disrupts your finances, your career, your family, and your sense of security. The law recognizes that, and the compensation available to you reflects the full scope of what you've lost.

Economic Damages

Past and future medical expenses: Emergency care, surgery, hospitalization, physical therapy, prescription medication, and ongoing specialist visits
Lost wages and lost earning capacity: Income missed during recovery and future earnings reduced by a permanent injury
Property damage: Repair or replacement of your vehicle and any personal property damaged in the crash
Out-of-pocket costs: Transportation to medical appointments, home care, and assistive devices

Non-Economic Damages

Pain and suffering: Physical pain endured from the crash itself and throughout recovery
Emotional distress and mental anguish: Anxiety, PTSD, depression, and sleep disruption caused by the accident
Loss of enjoyment of life: Inability to participate in activities and relationships you valued before the crash
Loss of consortium: The impact your injuries have had on your relationship with your spouse or partner

In cases involving intentional misconduct or gross negligence, such as a drunk driving crash, punitive damages may also be available.

One important rule to understand: Florida adopted a modified comparative negligence standard under Fla. Stat. § 768.81 in 2023. If you are found to be more than 50% at fault for the crash, you cannot recover damages at all. Insurers use this rule aggressively to reduce or eliminate payouts by placing blame on the victim. We anticipate that strategy and build your case to counter it.

We work to identify and document every category of loss you've suffered so your claim fully reflects the impact of the accident.

Why Hire Feingold, Posner & Draizin Accident Lawyers as Your Fort Lauderdale Car Accident Lawyers

At Feingold, Posner & Draizin Accident Lawyers, we don't see clients as case numbers. We treat every person who comes to us the way we'd treat a member of our own family, with real attention, real communication, and real commitment to their outcome.

What sets us apart starts with something most firms simply can't offer: our founding attorneys built their careers on the insurance defense side. One was a shareholder at a major Florida statewide defense firm. Another served as in-house counsel for a national auto insurer. They know how claims are evaluated, where insurers look for weaknesses, and how adjusters are trained to minimize payouts. That knowledge now works entirely in your favor.

One of our attorneys holds an AV Preeminent Peer Review Rating from Martindale-Hubbell, the highest peer rating available, and was named a Florida Super Lawyers Rising Star for five consecutive years. That same attorney authored the No-Fault Insurance Law chapter in the Florida Bar's Florida Automobile Insurance Law Practice Manual, Twelfth Edition, a resource relied on by practitioners handling Florida auto insurance claims.

We've recovered millions of dollars for injured clients across Broward County and South Florida in motor vehicle accidents, catastrophic injuries, wrongful death, and premises liability cases. You work directly with our legal team, not a paralegal or case manager. And you pay nothing unless we recover compensation for you.

We aggressively negotiate with insurance companies and, when necessary, take cases to trial. We work to pursue the fullest recovery available under the law.

Contact a Fort Lauderdale Car Accident Lawyer at Feingold, Posner & Draizin Accident Lawyers Today

Evidence disappears quickly after a crash. Surveillance footage gets overwritten. Witnesses become harder to locate. And Florida's two-year statute of limitations means waiting too long can permanently close the door on your right to recover. The sooner you act, the stronger your case.

If you or someone you love was hurt in a car accident in Fort Lauderdale, you don't have to face the insurance companies alone. CONTACT us today for a free, no-obligation consultation. Tell us what happened. We listen. We evaluate your case. We fight for you.

Call us at 954-953-5861. If you prefer, reach out through our online contact form and a member of our team will get back to you promptly.

There's no fee unless we recover for you, so there's nothing to lose by calling. We serve clients throughout Fort Lauderdale, Broward County, Miami-Dade, Palm Beach, and communities across South Florida and Central Florida. If you need an auto accident attorney in Fort Lauderdale, FL, we're ready to go to work for you today.

The time following a car accident can be one of the most complicated, confusing times possible. If you are involved in a crash, it is important to remember that there are several things that you can do at the scene of the accident to both take care of yourself, and make the claim process proceed as smoothly as possible. The first thing is to dial 911 for emergency medical treatment. If you feel dizzy, stay in your car until help arrives. If you feel okay, lend aid to those who need it.
You should also immediately begin to document the scene of the accident by taking photographs; take pictures of everything from the vehicles involved to the scenery around it from every angle. These photos could prove to be invaluable later. You should also immediately gather important information, such as the contact and insurance information from the other drivers, license plate numbers, and contact information from any witnesses. Finally, you should make sure to call local law enforcement to report the accident.
Thousands upon thousands of car accidents occur every single year. Most of these are minor fender-benders where occupants walk away unharmed, or with mild bruises and scrapes. This, however, is not always the story when it comes to car accidents. On many occasions, car accident victims suffer from life-altering injuries that may even be permanent in nature. When this occurs, it changes the entire nature of the personal injury case.
It becomes absolutely crucial that comprehensive compensation is sought; this will help to cover not only past and current expenses, but also pursue resources that allow the victim to be cared for throughout their entire life. For this reason, it is important that the case is not started too early. In fact, you may be prompted to wait until you have reached Maximum Medical Improvement (MMI), which is the point where you will no longer get any better. Due to the complications of claims involving permanent injuries, having knowledgeable representation becomes even more crucial.
For many victims of a car accident, the first question they want answered is how to prove that the other driver(s) were at fault. This, however, cannot be answered with an exact formula, and there is no step-by-step process where fault is determined. Rather, it's an art where several different factors are evaluated. For example, the first thing that may be looked at is whether or not someone was breaking a law at the time of the accident. This could be someone who was exceeding the speed limit, under the influence of drugs and/or alcohol, or making an illegal left turn.
All of these could easily pinpoint fault. Another step that may be taken is determining what kind of car accident happened. Was it a rear-end crash? While not always, in most rear-end accidents, the driver behind is usually at fault. That being said, there are cases where they are not; for example, if they were cut off or if the driver in front of them started reversing. Due to these complications and gray areas, it is important to have a lawyer on your side to help protect your rights.
In most cases, car accidents are caused by the humans driving them. In the Traffic Crash Statistics Report 2010, the Florida Department of Highway Safety and Motor Vehicles stated that the number one contributing cause of crashes was careless driving, accounting for nearly 40 percent of that year's crashes. Other main causes included drunk or drugged driving; failure to yield the right-of-way; exceeding the stated or safe speed limit; disregarding traffic signals; improper turns; wrong-way driving; and improper passing. That being said, the behavior of drivers is not the only source of causes for car accidents. Crashes can also be caused by faulty auto parts, inclement weather, dangerous roadways, or even an animal appearance.
Whiplash is a common neck injury sustained in car accidents. It occurs from the neck being distorted past its normal range of motion by being over-extended. For example, when hit from behind, the jolt of the vehicle can cause the neck to extend forward and then be thrust back when the driver's body hits the seatbelt. Reports estimate that whiplash is the most common nonfatal injury sustained in car accidents, with more than a million people suffering from it each and every year. What makes this injury so common is that the car accident does not even need to be severe for it to happen; it can be sustained at speeds as low as 15 mph.
Florida follows a modified comparative negligence system under Fla. Stat. § 768.81. Under current Florida law, an injured person may recover damages if they are 50% or less at fault, but their recovery is reduced in proportion to their share of responsibility. What this means is that if you are determined to be 20% at fault for the accident, and were going to recover $100,000 in damages, it would be reduced in proportion to how much you were at fault and, instead, would only recover 80%, or $80,000.