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Florida Car Accident Laws

Auto Accident Laws in Florida   Knowing the laws that a Florida court will apply in your car accident injury case can be extremely useful. You should be familiar with the overall claim process, including how your claim should be initiated and what is required to advance your claim through each step of the process. […]

Auto Accident Laws in Florida

Florida Car Accident Laws

 

Knowing the laws that a Florida court will apply in your car accident injury case can be extremely useful. You should be familiar with the overall claim process, including how your claim should be initiated and what is required to advance your claim through each step of the process. It’s also important that you know what the burden of proof is in your case and what steps must be completed prior to being able to file a car crash lawsuit in Florida. Understanding this process can also help you make better legal decisions in the immediate aftermath of a car wreck.

Understanding the important state laws that are pertinent to a car wreck lawsuit can be difficult for those who are not legal professionals. Luckily, an experienced Florida car accident law firm such as Parker Waichman LLP can provide you with the guidance and knowledge you require during this difficult time. Call 1-800-YOUR-LAWYER today for a free consultation to learn about your legal rights.

Crucial Florida Auto Accident Laws

Some of the more important Florida laws pertaining to car crashes include:

  • 627.733, Fla. Stat.: This statute is part of the Florida Motor Vehicle No-Fault Law and requires motorists to maintain a personal injury protection (PIP) policy as long as they intend to drive. Florida is a no-fault insurance state, which means that a Florida motorist who is injured in a car wreck must generally first seek compensation for their losses from their own insurance carrier.
  • 627.737, Fla. Stat.: You may recover damages for pain, suffering, mental anguish, and inconvenience from the at-fault party if you prove that you suffered a significant and permanent loss of an important bodily function, permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, and/or death. If you file a civil lawsuit because you believe one or more of these situations has occurred, the allegedly at-fault driver/defendant is entitled to file a motion with the court to have the judge overseeing the case determine whether the evidence supports a finding that one or more of these circumstances apply. If the judge does make such a finding, your case will proceed to trial.
  • 95.11, Fla. Stat.: Once your car wreck has happened, you will only have a limited amount of time within which you are able to file a lawsuit against the at-fault party. For those hurt in Florida motor vehicle accidents, the statute of limitations is four years. This means that if you are seriously hurt in a wreck, you will have four years from the date of the crash to initiate a lawsuit. If someone is killed, you only have two years to file a wrongful death claim. While there are some limited exclusions to these general rules, it’s wise to give yourself plenty of time by filing your Florida car crash lawsuit sooner rather than later.
  • 768.81, Fla. Stat.: What happens if you file a lawsuit alleging that someone else carelessly drove their car and caused a crash that injured you, but you yourself were also careless? This statute answers that question. Florida is a pure comparative negligence state. This means that you are still entitled to recover compensation for your injuries and losses after a car accident even if you are partly to blame. The amount of compensation you can recover will be reduced in proportion to the amount of fault you bear for causing or contributing to the crash.

A close-up of a rear-end collision between cars involved in a Florida car crash test

 

When looking at cases involving comparative negligence, the judge or jury will assign a percentage of fault to each of the involved parties, representing how much of the crash each party is responsible for. Your compensation award is reduced by the percentage of fault attributable to you. For example, you may find yourself with permanent paralysis after being rear-ended by a driver who was traveling too fast and talking on their cell phone. While they were primarily to blame, perhaps you failed to signal or stopped suddenly without reason to do so, contributing to the crash. If your motor vehicle crash results in you incurring $500,000 in past and future medical expenses but you are found to be 25 percent responsible for causing the crash, you would still be able to recover up to $375,000 in compensation.

Taken together, these statutes tell Florida motorists that while in many cases, your own PIP policy will pay for your losses, if you suffer significant, permanent injuries, disfigurement or scarring or if your loved one is killed, you may be entitled to file a civil lawsuit against the at-fault motorist, whether or not you bear any blame for the crash.

What to Do if You Have a Car Accident in Florida

There are five things you should do after you get into a car accident:

  1. See if anyone has been injured. If so, call 911; if not, call the police to get an accident report.
  2. Pull over, if you can, and/or set up flares.
  3. Write down every detail that you can remember about the accident while you wait for the police to arrive.
  4. Take photos, talk to witnesses, and gather any other evidence regarding the accident that you can. Make sure to exchange information with the other driver.
  5. Contact your insurance company.
  6. Call a personal injury lawyer to determine whether you should take legal action.

Can You Sue for a Car Accident in Florida?

Yes, you can sue another driver for injuries sustained in a serious accident in Florida. Just keep in mind that the statute of limitations says that you must pursue a legal claim within four years of the accident.

What Is the Average Settlement for a Car Accident in Florida?

The average amount for a car accident settlement in Florida is around $15,000, but keep in mind that settlements will vary greatly depending on the specific details of a particular accident. Typically, a settlement will cover damage to the vehicle and expenses due to injuries to the passenger(s).

Is Florida a No-Fault Accident State?

Yes, Florida is a no-fault state. This means that all drivers are required to have personal injury protection coverage, which should cover the insured’s medical bills regardless of who was at fault in the accident. This coverage pays for medical expenses and may help with other costs, too.

Get Help From
Parker Waichman

At our Florida car wreck law firm, we take our role as your legal advisor and counselor seriously. We want you to be informed about your legal rights so that you can make the most educated decisions for you and your loved ones following an injury accident. Contact Parker Waichman to get a free case evaluation and take the next step toward obtaining the compensation you deserve. Call 1-800-YOURLAWYER (1-800-968-7529) today.

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