Who Is at Fault in Florida for Car Accidents?

Car accidents are common occurrences on Florida roads and highways, and they can happen to anyone at any time. Unfortunately, they often lead to serious injuries, property damage, and financial losses. You can’t predict when these types of accidents will happen. It’s best to be prepared for the worst-case scenario by having all the right information. Understanding what you should save your time and money. In this article, we will discuss the legal implications of car crashes in the state of Florida, including the laws and regulations that govern fault determination:

Florida is a “No-Fault” Insurance State

This means that insurers pay for the medical expenses, lost wages, and other damages up to a certain amount, regardless of who was responsible for the accident. As a result, it is mandatory for all drivers in the state to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. Personal Injury Protection covers medical bills and lost wages for the driver and their passengers, while PDL covers damage caused to other vehicles and property because of the accident.

It is important to note that insurance companies only pay out up to the policy’s limits (usually a minimum $10,000 for PIP and $10,000 for PDL). If the damages exceed their policy amounts, then the negligent party may be sued for the remaining costs. Although this system naturally reduces the number of lawsuits associated with car accidents, fault must be determined to settle who is responsible for paying the additional expenses.

Determining and Assigning Liability in Florida

If the accident involves serious injuries, such as permanent disability, disfigurement, or death, the injured party may be able to pursue additional compensation from the at-fault driver. Similarly, if the damages exceed the coverage limits of PIP and PDL, then one or both parties may be held liable for additional costs. In both cases, determining liability is crucial, as the driver who was found to blame will be responsible for paying damages caused to the other driver. Fault is typically determined based on a variety of factors.

Who was speeding or running a red light, who failed to yield the right-of-way, and who was inattentive or driving recklessly. In other words, negligence is usually considered the main factor in determining fault. Additionally, evidence such as police and medical reports, witnesses’ statements, photos or videos of the accident, expert opinions, and skid marks will also be evaluated.

When it comes to assigning liability, the state follows a “pure comparative fault” system, which means that fault is apportioned based on each driver’s degree of responsibility for the accident. This means that if both drivers were partially to blame, the fault will be divided proportionally. For example, if a driver is partially at fault, then they will pay for their side of the damage, while you’re responsible for the rest.

Before you file a claim of any type, make sure you have enough evidence to prove that the other driver was negligent. An experienced car accident lawyer at Kogan & DiSalvo in Fort Lauderdale, FL can help you to understand the process and negotiate a fair settlement. Additionally, they may be able to help you to prepare a persuasive case by gathering the necessary evidence to prove your claim.

Conclusion

Car accidents can be stressful and overwhelming, but understanding the legal implications and taking the necessary steps can help protect you both legally and financially. In the sunshine state, fault is determined based on the degree of negligence and supporting evidence presented. If you are a victim, it’s advised to seek the guidance of an experienced attorney who understands these laws. They will determine how you should manage your case and take care of the stressful parts for you. It’s in your best interest to reach out to a legal team that will fight for you.