Car accidents

Crashed on the Palmetto Expressway or Okeechobee Road: what to do in the first hour

Direct answer

After a crash on the Palmetto Expressway (SR 826) or Okeechobee Road near Hialeah, move to the shoulder if the cars can be driven and it is safe (Florida law requires clearing the travel lanes after a minor crash, Fla. Stat. § 316.061(1)), call 911, photograph everything before vehicles are moved, get the other driver's license, registration, and insurance card, and get the crash report number from the officer, usually Florida Highway Patrol on the Palmetto and Hialeah Police or Miami-Dade Police on Okeechobee Road. Then see a doctor within 14 days so your PIP benefits apply.

Article image: Crashed on the Palmetto Expressway or Okeechobee Road: what to do in the first hour

The Palmetto Expressway carries more than 200,000 vehicles a day through Hialeah, and Okeechobee Road (US 27) is the truck route between the Medley warehouses and the rest of Miami-Dade. Between the two, the interchanges at NW 103rd St, W 49th St, and NW 74th St, and the light-to-light stretch of Okeechobee by the rail yard, produce a steady share of the crashes we handle. Highway crashes are different from a fender-bender on Palm Avenue: higher speeds, more vehicles, evidence that gets cleared in minutes, and, often, a Florida Highway Patrol report rather than a city one. Here is the first hour.

Are you safe where you are?

If the cars can be driven and nobody is seriously hurt, Florida law requires drivers in a property-damage crash to move the vehicles out of the travel lanes when it can be done safely (Fla. Stat. § 316.061(1)). On the Palmetto that means the shoulder or the next exit ramp, not the middle lane. Turn on hazards. If anyone is hurt or a car cannot move, stay put, stay in the car with the seatbelt on if the shoulder is narrow, and call 911. Secondary crashes on the 826 shoulder are common and worse than the first.

Call 911, even for a “minor” crash

Ask for police and, if anyone is hurt at all, medical. On the Palmetto the responding agency is usually Florida Highway Patrol; on Okeechobee Road and the surface streets, Hialeah Police or Miami-Dade Police depending on the block. The officer’s report is the single most useful document in your claim. If the officer decides not to write a full report because there is no injury and no tow, you may complete a self-report form, but if you have any pain, say so, so that an official report exists.

Photograph before anything moves

Take more photos than feel necessary: all four corners of every vehicle, the damage close up and from ten feet back, the license plates, the position of the cars in the lanes before they are moved (if it is safe), skid marks, debris, the road sign or exit number, and the weather. Then the other driver’s license, registration, and insurance card. Then your own injuries. Video works too. On a highway the scene is gone in fifteen minutes; the photos are the scene.

Exchange information, say little

Florida requires drivers to exchange name, address, registration, and license information (Fla. Stat. § 316.062). Do that. Do not discuss fault, do not apologize, and do not agree to “handle it without insurance.” You do not know yet whether you are hurt, and a driver who wants to avoid the insurance company often has none, which is a reason to have your own uninsured motorist coverage. If the driver leaves, note the plate and direction and tell 911; leaving a crash with injury is a felony (Fla. Stat. § 316.027).

Get the report number and, within 14 days, get checked

Ask the officer for the crash report number and the agency. Reports are generally available through the Florida Crash Portal within about ten days; as a party you can obtain it during the 60-day confidential period (Fla. Stat. § 316.066). Then, whether or not you feel hurt, see a doctor within 14 days. That is the PIP rule (Fla. Stat. § 627.736(1)(a)), and highway crashes are exactly the ones where neck and back injuries show up on day two.

Two mistakes people make on the shoulder

Refusing transport, then not following up. Telling paramedics “I’m fine” is normal; adrenaline makes people feel fine. The mistake is not going to a doctor within the next few days. The insurer will point to “refused medical treatment at scene” for the rest of the case.

Talking to the other driver’s insurer that afternoon. They will call fast. You have no obligation to give them a recorded statement, and you should not until you have talked to a lawyer. See our article on recorded statements.

Where the evidence is on the Palmetto

FDOT traffic cameras and Miami-Dade’s signal cameras cover the interchanges, but their footage is not kept long and is not released casually. Trucking companies’ dash cams, nearby business cameras on the frontage roads, and other drivers’ dash cams fill the gap. Wolfson & Leon sends preservation letters and public-records requests within days of being retained; that is one of the reasons to call early. Call (305) 285-7071. Free consultation, English or Spanish, no fee unless we recover money for you.

Key facts

  • After a crash with property damage only, drivers must move vehicles out of the travel lanes if it can be done safely, and must exchange information. Source: Fla. Stat. § 316.061, § 316.062
  • Officers must submit a written crash report within 10 days for crashes involving injury, death, or a vehicle towed. Source: Fla. Stat. § 316.066(1)
  • Crash reports are confidential for 60 days except to the parties involved, their insurers, and their attorneys. Source: Fla. Stat. § 316.066(2)
  • PIP requires treatment within 14 days of the crash. Source: Fla. Stat. § 627.736(1)(a)
  • Two years to file a negligence lawsuit for crashes on or after March 24, 2023. Source: Fla. Stat. § 95.11

Frequently asked questions

The other driver wants to 'handle it without insurance.' Should I agree?

No. You do not know yet whether you are hurt, and a driver who wants to avoid insurance often has none. Call 911, get a report, and exchange information. Florida law requires it when there is injury or damage.

The FHP officer did not come; we exchanged information ourselves. Is there a report?

For minor crashes without injury, drivers may complete a Driver Report of Traffic Crash (Self Report) form. Do it within 10 days. If you were hurt at all, call and report the crash so an official report exists.

How do I get the crash report?

From the Florida Crash Portal (FLHSMV) with the report number, usually within a few days to 10 days. As a party you can obtain it during the 60-day confidential period. Wolfson & Leon obtains it for clients.

The other car was a Miami-Dade Transit bus or a county truck. Anything different?

Yes. Claims against government agencies require written pre-suit notice under Fla. Stat. § 768.28(6) and have capped damages. Call sooner; the process is slower and the deadlines are stricter.

This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship with Wolfson & Leon. Every case is different and prior results do not guarantee a similar outcome. If you were hurt, talk to a lawyer about your own situation.

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