If you were in a car accident, Florida’s auto accident laws help determine whether you can recover compensation for your medical bills, lost wages, car repairs, and other losses. Although particular car accident laws apply, talking to a car accident lawyer can help you understand your legal rights and options more accurately.
Here, we explain several Florida car accident laws that could affect your situation.
The Florida comparative negligence statutes, also known as comparative fault laws, make it possible for more than one party to be responsible for a motor vehicle collision.
The comparative negligence laws affect the amount of compensation you can recover if you had partial fault for or contributed to the cause of the accident.
If you were the victim in a rear-impact collision, for example, the other driver is typically assumed to be at fault for the crash. However, if you weren’t wearing a seatbelt, that could potentially cause your injuries to be more severe. Because Florida accident laws require the use of seatbelts, a jury could determine that you had some degree of fault for your damages.
The amount of your damage award would consequently be reduced, based on your percentage of fault. If your claim’s value was $200,000 but the jury determined you had 25% fault, your maximum award would be $150,000.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) all Florida motorists must carry a minimum level of insurance coverage and be able to provide proof of that coverage upon the request of a law enforcement officer.
You must carry at least $10,000 in property damage liability (PDL) coverage and $10,000 in personal injury protection, or PIP. Personal injury protection coverage is also known as no-fault coverage. If you are in an accident, no matter who was at fault, your PIP insurance will pay a percentage of your medical bills and other damages, up to your coverage limits.
If you sustained serious injuries in an accident caused by another party, your PIP coverage might not be enough to pay for your medical bills, loss of income, pain and suffering, and other damages. In many cases, the Florida auto accident laws allow you to pursue compensation from the at-fault party’s insurance. You might also be entitled to file a civil suit to recover compensation for your damages, as long as you do so within the statutory period.
The Florida car accident statute of limitations is four years from the date of your injury accident in most cases. If the at-fault party is a government agency, the statute of limitations is three years to file a civil lawsuit, but you have only six months for the discovery phase of your claim.
Some exceptions to these limits do exist; however, those exceptions are limited. Talking to a personal injury attorney can help ensure that you don’t lose your legal right to pursue a claim and recover compensation.
The personal injury attorneys of Rue & Ziffra understand the challenges you face. We can assist you with your claim and fight to protect your rights. We understand Florida car accident laws, and we can guide you through every phase of the legal process.
We offer a no-cost, no-obligation consultation to injury accident victims. You can contact us online or call 1-800-JUSTICE today to learn more about how the Florida accident laws might affect your ability to recover compensation for your damages.