Hurt In a Florida Car Accident: Understanding Florida Car Accident Laws
Palm trees, beaches, and car accidents?
Florida may be the sunshine state, but it’s also home to some of the worst drivers in the nation. When you compare annual car accident statistics throughout every state, Florida ranks as the 4th most dangerous state to drive in. On top of being the 4th most dangerous state, Florida also has the highest rate of uninsured drivers.
If you’ve encountered one of Florida’s dangerous drivers, you’re probably wondering how Florida car accident laws work. Instead of trying to figure everything out on your own, let us help. We’ve created a guide, highlighting everything you need to know about Florida’s no-fault laws, accident reporting rules, and more.
Are you ready to step out of the darkness of confusion, and let us shed light on the truth? Read on to find out how to put car accident laws to work for you, in the state of Florida.
What to Do After a Florida Car Accident
Before we dive into the different Florida car accident laws, we want to make you aware of common mistakes car accident victims tend to make. No matter how big, or small your damages, and injuries are, you should always take the same steps following a crash.
Here’s a shortlist of what to do after being in a car accident:
- Call the police
- Photograph the accident scene
- Wait for medical treatment
- Report ALL injuries to your doctor
- Go to a doctor with car accident injury experience
- Use a car insurance for your medical treatment
- Review the police report
- Hire an experienced attorney
First, you should always call the police after being in a car crash. Next, get as many photographs of the scene as you possibly can. If you’ve already missed your chance to photograph the accident scene, there’s still hope. If your car isn’t totaled, get a picture of you sitting in your car in your driveway.
If you were driving, sit in the driver’s seat, if you were a passenger, sit in whatever passenger’s seat you were in. Make sure you put your body in the exact position it was when the crash took place. If you were looking out the window, turn your head to look out the window, if you were looking down, look down for the photo. Once you’re in position, have your friend open the door closest to you, and take a photo that includes your entire body position.
Now, when you hire a car accident attorney, they may be able to use the photo to prove the extent of your injuries. Even if the impact from the crash was minor, experienced counsel, like this car accident attorney, can use the photo, along with a biomechanical engineer, to prove how your injuries took place. For instance, having your body out of position, or head turned, could cause severe injuries, even for a tiny fender bender.
Florida Car Accident Laws
Florida is a no-fault car accident insurance State. What does this mean for you? After a car accident, you’ll probably wind up filing a claim under your insurance’s personal injury protection coverage. Even if you’re not at fault for the accident, Florida expects you to use your insurance to cover initial expenses.
The claim you file will help you get basic compensation for your medical bills and other expenses. If your injuries and expenses meet certain requirements, you can also file a claim directly against the at-fault driver. When you file a claim against the at-fault driver, you’ll have to make sure that you follow the Florida car accident statute of limitations.
Statute of Limitations Auto Accident Laws
A statute of limitations is a deadline you have for filing a lawsuit. If you miss the statutes of limitations, the Florida court system could throw out your case completely. The Florida statutes of limitations for filing a car accident lawsuit is 4 years. However, you should file your lawsuit as soon as possible to have the best chances of receiving the compensation you deserve.
Insurance Company Warnings
Avoid giving any recorded statements to the at-fault driver’s insurance company. Remember, insurance companies don’t have your best interest in mind. Even your own insurance company will be working hard to gather evidence to reduce the amount of your payout. Instead, have insurance companies talk to your lawyer directly. If you don’t have a lawyer, only talk to your insurance company, and only give them facts, not opinions.
Pure Comparative Fault Rule
Did you play a role in causing the car accident? Even if you share some of the responsibility for the crash, that doesn’t mean you should give up on your lawsuit. The State of Florida follows the pure comparative fault rule. What’s that? The rule means that when both drivers share some of the blame for an accident, the jury will use special calculations to determine your payout.
The judge will ask the jury to make their calculations using the total amount of your damages, and a percentage system to assign fault. Keep in mind that damages refer to your medical bills, vehicle damage, any lost income, and pain and suffering.
How Payout Calculations Work
Let’s say that the court system finds you to be 10% at fault for the accident, and the total amount of your damages to be $100,000. Using Florida’s comparative fault rule, you’re entitled to 90%, or $90,000.
However, the good news is, the rule works in reverse as well. If you’re found to be 90% responsible for the accident, you can still claim 10% of the damages you’re owed. If the jury found your damages to be $100,000 you would receive $10,000, even if you were 90% responsible for causing the crash.
Protect Your Rights
Now you know more about how Florida car accident laws operate. Even though it’s a no-fault state, that doesn’t mean justice won’t prevail. If you or a loved one had a car accident, don’t wait to start taking action. Instead, file a lawsuit right away, and follow your attorney’s advice when it comes to dealing with your insurance company.
We understand how difficult it can be trying to get your life back on track after a crash. However, the good news is, we’re here to help! For more insightful articles, go ahead and check out the rest of this site.
