Florida Auto Accidents Laws Explained

Car Accident in Florida Martinez Law

After any form of a traffic accident in Florida, when you are injured and/or experienced any substantial damage to your automobile, you undoubtedly need to understand the possibilities for getting compensated for your auto accidents. In this article, the major Florida auto accident laws that can have a huge impact on your case will be explained.

Vital information on no-fault law: No-fault car insurance law is active in Florida which means, when an auto accident or truck accident happens, you certainly need to file a claim within your individual injury protection coverage to obtain a compensation for your financial losses such as your medical bills and some other losses, irrespective of who or what caused the crash. You can only act outside the no-fault law and direct a claim towards at-fault driver if the injury claim meets specific requirements.

The Florida Car Accident Statute of Limitations

The statute of limitations is a law which fixes a time limit on the right to file a lawsuit. When you miss the deadline fixed by the law, and you attempt to file a lawsuit for your auto accident or truck accident after the time limit has passed, it is almost certain that the Florida court system will dismiss your lawsuit, except some occasional exception, makes it necessary to extend the time limit.

In most circumstances, the time limit to start your auto accident case in the Florida court system is four years, beginning from the day the crash happened.

Comparative Negligence in Florida Car Accident Cases

In cases where the other driver was totally guilty for your auto accident, the outcome is commonly expected to be this way: the driver at fault (through their insurance company) will give you money to pay your medical bills as a compensation for your lost wages, and additional losses you experienced. But what if you were fairly at fault for the crash?

The court system in Florida utilizes a pure comparative fault law when both drivers of a crash are discovered to share the responsibility for an auto accident or truck accident. In most situations, the jury will need to estimate two things from the evidence provided which are: the total amount in dollars of the accuser’s compensations, and the fraction of fault that belongs to both parties. Furthermore, the pure comparative fault rule states that the accuser’s damages grant is reduced by a fraction equivalent to his or her portion of fault.

For example, assume that in a case, the jury agreed that your overall damages grant should be $200,000 (including your vehicle damage, lost earnings, medical bills, and other losses). But they also agree that you are forty percent at fault for the accident (perhaps you were speeding). Under the comparative fault rule of Florida, you are eligible to be paid sixty percent of the $200,000 total, or $120,000 which is still an important amount, but not like the sum of your entire damages.

In addition, Florida’s comparative fault rule can be used even if you are discovered to be more responsible for the auto accident than the other victim of the accident. For example, if the jury agrees that you are ninety percent guilty, you are still somehow eligible to accept ten percent of the total damages, but undeniably, the other part of this is that you will be accountable for ninety percent of the other driver’s damages.

It is important to note that not all states in the country manage comparative fault the way it is managed in Florida. Majority of the states follow an adjusted comparative fault law that only permits the complainant to be paid compensation if his or her fault is less than fifty percent or exactly fifty percent. When the complainant’s fault is more than fifty percent, the compensation or damages grant reduces to zero in the majority of the states in the country.

The comparative negligence law binds both magistrates and juries in Florida (if an auto accident case gets to court). Also, it will direct an automobile insurance claims adjuster when he or she is assessing your case. A claims adjuster will act depending on what is expected to happen in court, finally. Nevertheless, you shouldn’t allow that to stop you from filling an auto accident lawsuit or compensation. Instead, discuss with a lawyer about your condition and your best strategy.

Reporting a Car Accident in Florida

In Florida, if a driver of a car or truck is involved in an auto accident, and the accident, unfortunately, lead to an injury or death, and or automobile damage or any other assets or possession is affected in a seeming sum of at least five hundred dollars, it is advisable to report the incident to the local police department in that area, if the accident happened within a city. In a situation where the accident did not happen within a city, you should report the incident to the workplace of the county sheriff or to the closest workplace or station of the Florida Highway Patrol. All these laws are available at Florida Statutes section 316.065.

Florida’s No-Fault Car Insurance Laws

As discussed above, Florida is part of the few states that implemented a no-fault car insurance scheme in their states. This means injured car driver and passengers must classically focus on their individual personal-injury-protection car insurance scheme first to be paid damages for lost wages, medical bills, and other losses after an accident, irrespective of who is sharing the large percentage of the fault. The claim against the at-fault driver is usually conceivable in some situations.

Basically, the no-fault insurance coverage in Florida possibly will offer $10,000 in PIP that covers medical bills and lost wages regardless of the person at fault. The coverage doesn’t pay all the money for the medical bills or lost wages. Under certain situations, this coverage in Florida might be decreased to $2,500 or zero if you don’t try to find suitable medical care within fourteen days.

Furthermore, in exchange for the PIP assistance, there are substantial limitations on a hurt individual collecting compensation for pain, grief or loss of life satisfaction. The no-fault law in Florida is complex and necessitates legal guidance.

Filing Personal Injury Lawsuits in Florida

Florida inhabitants who are interested in filing a lawsuit after an auto accident have a number of choices concerning how to do that. The court will be situated somewhere the accident occurred or where the individual you are filing the lawsuit against resides, which is known as the venue.

If you are involved in a vehicle accident and are interested in additional information about the rules and matters surrounding your circumstances, you need to contact auto accident lawyers for supportive legal instruction and guidance.

Accident Guide in Florida

Nobody enjoys thinking about being a victim of an accident. Nonetheless, unfortunately, it is an incident that occurs frequently and it may happen to you possibly more than once. Therefore, you ought to be mindful of what Florida law needs you to do when you are involved in an accident.

Following the Accident

You should halt your vehicle instantly after an auto accident. Place your car or truck in a way that won’t block other drivers. If you are unable to get this done, then either seek for assistance or contact a tow truck.

When somebody has been injured, you must try to get medical assistance immediately or take the hurt person to where he or she can be helped. While waiting at the place where the accident happened, you must continue till when help arrives.

Provide your registration number, address, and name to anybody involved in the incident if they demand this information. Also, you might need to present your driver’s license. Law enforcement officers that get to the place have the full right to request for all this information, too.

Auto accidents leading to an injury or death, assets damage, or a drunk or hit-and-run driver that seems to demand more than $500 compensation should be reported instantly to the appropriate law enforcement agency or police. The investigating officer will prepare a written report on any auto accidents and truck accidents that lead to a death or injury.

After an investigating officer finishes a report, it may not be necessary for you to file a crash report which is the HTML version. But, if an accident report is yet to be filed by the law enforcement agency, then it will be necessary to do that within ten days after the accident occurred.

Accidents with Unoccupied Cars

If you are moving out of a car park. You might admit that you have sufficient space to carefully maneuver your car and leave the car park. Then that infuriating astigmatism you experience can get in the way, which can make you end up putting a dent into the anterior guard of someone’s car.

What should you do?

In this type of accidents and all other related accidents concerning an unoccupied car or assets other than a car, you need to inform the owner. When you cannot get the owner of the vehicle or property, then leave a note on the affected car or asset which includes your address, license plate number, and name. Ensure that you write legibly. Likewise, write a report about the accident and deliver it to the law enforcement agency immediately.

Consequently, Florida auto accident laws consider your actions after you are involved in an accident. Failure to comply with the appropriate procedures might lead to penalties such as license cancellation and criminal charges.


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