Common Car Accident Laws in Florida
June 20, 2020
Did you know that Florida has a no-fault insurance rule? It’s true. When a Florida resident is injured in a motor vehicle accident, they must first turn to their own personal injury protection – or PIP – to recover compensation for lost wages stemming from the accident. The driver’s personal injury protection is meant to cover the cost of lost wages, medical bills and any other expenses that the driver had to pay out of pocket. This applies regardless of who was determined to be at-fault for the accident. Learn more about the different car accident laws in Florida below.
How do I Report a Car Accident?
If your car accident resulted in personal injuries, death or property damage of at least $500 within a municipality, it must be reported to the local police department. If the accident occurred outside of a municipality (a town, city or district), the driver must notify the county sheriff or closest station of the Florida Highway Patrol. This is outlined in Florida Statutes section 316.065.
How Long Do I Have to File a Car Accident Claim in Florida?
Injured drivers in Florida have four years from the date of the accident to file a personal injury claim. This window is known as the statute of limitations and once the window has closed, so does the driver’s opportunity to recover any monetary compensation for their injuries and expenses. However, there are exceptions when it comes to any car accident that resulted in a driver’s death. If the family of the deceased wants to bring forward a wrongful death claim, they have two years from the date of the person’s death.
While two or four years seems like a long time, the years can pass quickly, especially if you’re dealing with ongoing medical care or grief that stemmed from the accident. A personal injury attorney can help make sure your claim is filed within the necessary time frame so that you and your loved ones can receive the compensation and justice you deserve.
Florida’s Comparative Negligence Rules
Remember how we said that injured drivers have to turn to their personal injury protection to help offset the cost of their accident? Florida’s comparative negligence rules explain why. Florida follows what’s known as a “pure comparative fault” rule when both drivers involved share blame for the accident. Simply put, your financial award will be reduced based on how much you were deemed at fault. For example, if you were injured in an intersection by a driver who was texting and driving and as a result, you were awarded $100,000, that award would be reduced by the percentage of fault you carry in the accident. If let’s say you were speeding or failed to adhere to a traffic sign moments before you were struck in the intersection, the jury may find you 40% guilty of causing the accident, therefore your award would be reduced by forty percent.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Car Accident Case in Florida
Did you or a loved one sustain a serious injury as a result of a car accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients who have been injured in a car accident in Broward, Dade, Palm Beach Counties, and throughout Florida. Call 754-226-1474 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.