Yes, you can sue after a blind side car wreck in Fort Lauderdale under certain conditions. If you have been in a blind side car wreck, you might want to consider speaking with aFort Lauderdale car accident lawyer. Most personal injury law firms offer free case consultations where you can discuss your case and learn more about your legal options for compensation. They can investigate your accident, determine your damages, and deal with the insurance companies while you rest and recuperate from your injuries.
Conditions That Allow You to Sue in a Blind Side Car Wreck
Since Florida is a no-fault state, you would seek compensation for your medical bills and lost wages through apersonal injury protection (PIP) policy claim. Every driver in Florida must carry one to register their vehicle with the state. However, the PIP statute limits your ability to file a lawsuit against the other driver. To be eligible to file a lawsuit, you must meet these conditions:
Serious Injury Threshold
UnderFlorida Statutes § 627.737, accident victims may proceed with a lawsuit against the negligent driver if their injuries meet the serious injury threshold. The statute defines this threshold by the following conditions:
- Loss of a bodily function
- Permanent injury
- Permanent and significant scarring and disfigurement
- Death
Meeting the serious injury threshold is often one of the most misunderstood barriers to a lawsuit. Medical documentation, expert analysis, and ongoing treatment records all help establish that your injuries are long-term or permanent. A skilled attorney can ensure these elements are correctly presented to maximize your eligibility for compensation.
In many blind side accidents, injuries such as traumatic brain injuries, spinal cord damage, and complex fractures qualify under this threshold. However, even soft tissue injuries like whiplash can be eligible if they result in chronic pain, disability, or ongoing medical care.
Proof of Negligence
Next, there must be evidence that the other driver was negligent. Typically, the driver who was attempting to merge or change lanes is at fault, based onFlorida Statutes § 316.085. Evidence could include the following:
- Police report
- Witness statements
- Physical evidence
- CCTV, traffic cameras, and dash-cams
- Accident reconstruction specialist testimony
Negligence in blind side accidents often results from unsafe lane changes, failure to check blind spots, or illegal maneuvers. If a driver sideswipes you while merging or swerves into your lane without signaling, these actions can establish fault.
Our team works with reconstruction experts who use vehicle telemetry, roadway data, and impact analysis to determine the mechanics of the crash. Their conclusions can strengthen your case significantly, especially when the other party denies responsibility.
Statute of Limitations
You will also need to comply with the state’s statute of limitations for personal injury lawsuits. PerFlorida Statutes § 95.11, you typically have two years from the date of the accident to file a lawsuit with the Broward County courthouse. If you miss that deadline, your case could be barred.
This deadline may be shortened or extended under rare circumstances, such as when injuries were not immediately discovered. Consulting an attorney early helps ensure your claim is filed on time and includes all the necessary evidence.
Why Sue After a Blind Side Car Wreck
As stated, PIP does cover a portion of your medical bills and some of your lost income while you recover. However, that policy could be insufficient to cover the full range of your healthcare costs in severe to catastrophic injury cases. Also, a lawsuit would allow you to seek other damages, such as:
- Future medical expenses
- Pain and suffering
- Emotional distress and mental anguish
- Reduced earning capacity
- Property damage
With the assistance of aFort Lauderdale personal injury lawyer, you could be able to build a lawsuit that addresses all your losses.
In high-speed or multi-vehicle collisions, the injuries from a blind side crash can leave victims unable to return to work or even live independently. These situations require an attorney who understands how to calculate long-term damages and negotiate from a position of strength.
Pain and suffering, which PIP does not cover, can make up a significant portion of a jury award or settlement. This includes the physical discomfort, mental trauma, and disruption to your daily life caused by the accident. These non-economic damages often require testimony from doctors, psychologists, and family members.
Liability Challenges in Blind Side Car Wrecks
Blind side accidents are often sudden and unexpected. The at-fault driver may claim you were in their blind spot or that they had the right of way. In Fort Lauderdale’s heavy traffic, these claims may confuse investigators and insurers.
However, Florida law expects all drivers to check blind spots before merging or turning. This duty cannot be ignored or excused. Failing to observe another vehicle before changing lanes can serve as strong evidence of negligence.
Our firm regularly obtains dashcam footage, contacts eyewitnesses, and retrieves traffic camera recordings to dispute false narratives. If necessary, we subpoena GPS logs, ride-share data, or employment records for commercial drivers involved in the crash.
Choose a Legal Team That Delivers Proven Results
At the Law Offices of Wolf & Pravato, we understand the complex nature of blind side car accidents. These cases often involve aggressive insurance tactics and disputed fault. With over two decades of experience, our team builds strong, evidence-backed cases that hold negligent drivers accountable.
We’ve recovered millions for injured clients, including:
- $3.85 million for a Fort Lauderdale truck rollover
- $5.25 million wrongful death settlement for a family
- $925,000 for a negligent security shooting in Miami
If your vehicle was towed or damaged after a blind side wreck, we will examine the full timeline. Our team investigates who authorized the tow, whether key evidence was lost, and whether the cost of removal was justified. Every detail matters.
We offer free consultations and only get paid if we win. Let us fight for the compensation you need to rebuild your life after a serious crash.
Contact a Lawyer About Your Fort Lauderdale Blind Side Car Wreck
A lawyer with the Law Offices of Wolf & Pravato has the resources to investigate your accident and fight for the fair compensation you and your family deserve. Plus, we work on contingency, so you pay nothing upfront. We only get paid when you win a settlement or court award.
You do not have to navigate this process alone. Call us at (954) 633-8270 today to discuss your legal options and take the first step toward justice.