In 2021, there were more than 4,000 fatal car accidents in Florida. This does not count the millions of other incidents that only caused injuries. The numbers show how common car accidents are in the Sunshine State. Because accidents happen daily, knowing your rights and options in this situation is imperative. Turning to experienced car accident attorneys is your best option in this situation.
At Fetterman Law, we understand how a Florida car accident can change your life instantly. We also believe you deserve compensation if the other party is at fault. Here, you can learn more about the challenges of determining fault after a car accident, and our car accident lawyers can help.
Common Causes of Florida Car Accidents
Car accidents in Florida are a prevalent concern due to the state’s busy roadways and diverse driving conditions. Understanding the primary causes of car accidents in Florida is essential for drivers, authorities, and those involved in the legal aspects of car accidents. Additionally, when you know why car crashes occur, you may be able to take steps to avoid being involved in one.
Distracted Driving
Distracted driving is one of the most significant causes of car accidents in Florida. This includes texting, talking on the phone, eating, or using in-car entertainment systems while driving. These distractions divert a driver’s attention from the road, leading to accidents. Car accidents happen in seconds. Because of this, you must always keep your eyes on the road and your mind on what you are doing.
Impaired Driving
Drunk driving remains a serious issue in Florida. It is also a leading factor or motor vehicle fatalities and injuries. Alcohol impairs a driver’s judgment, coordination, and reaction times, making them more prone to accidents.
Speeding
Speeding is another common cause of car accidents in Florida. Driving at speeds higher than the posted limits or too fast for road and weather conditions reduces a driver’s ability to react to unexpected situations.
Reckless Driving
Reckless driving, which includes aggressive behaviors like tailgating, changing lanes without signaling, and disregarding traffic signals, substantially contributes to car accidents in the state. Many people do not realize they are engaging in dangerous behaviors because they always do it. However, car crashes due to reckless driving are far too common across the state.
Weather-Related Factors
Florida’s weather can be unpredictable, with sudden rain showers and storms. These weather conditions often lead to reduced visibility and slippery roads, contributing to accidents. An accident lawyer can look at evidence related to your car accident to determine if the weather caused your crash or if another driver was negligent.
Road Issues
In some situations, another driver is not the cause of an accident. If there are issues with the road, such as no warning signage, potholes, or something else, it can lead to accidents. In this case, your car accident lawyer can determine who is responsible for road maintenance and hold that party liable. However, this is only possible if your PIP insurance coverage does not fully cover your medical bills, lost wages, and non economic damages.
Inexperienced Drivers
Inexperienced or young drivers are more likely to be involved in accidents due to their limited driving skills and lack of experience handling complex traffic situations. If you believe your accident was caused by an inexperienced driver, contact us for a free consultation. We can discuss your case and determine if filing an insurance claim is the right course to take.
Florida’s No-Fault Insurance System
Understanding fault in Florida car accidents begins with grasping the state’s unique no-fault insurance system. This system significantly impacts how accidents are handled and who is responsible for covering damages.
Car accident victims can file a claim with their insurance company and the other driver’s insurance company. Learn more about the laws in Florida here.
No-Fault vs. At-Fault States
Florida is one of the few states that operate under a no-fault insurance system. In traditional at-fault states, the driver responsible for the accident is liable for all damages. However, in Florida and other no-fault states, each driver’s insurance company covers their policyholder’s medical expenses, regardless of who caused the accident. While true, the coverage may be inadequate if serious injuries occur.
Personal Injury Protection (PIP)
Under Florida’s no-fault system, drivers are required to carry PIP insurance. PIP covers the policyholder’s medical expenses, lost wages, and related costs, regardless of fault. This system is intended to provide quick access to medical care and reduce the number of minor injury claims clogging the courts.
However, PIP has limitations. It typically covers 80% of medical expenses and 60% of lost wages, up to a specific limit, which can leave car accident victims with significant out-of-pocket expenses. Because of this, it is necessary to determine fault to see if you can file a car accident claim against the other party. Our Florida car accident lawyer can help determine if this is possible.
Exceptions to the No-Fault Rule
The no-fault insurance system in Florida is designed to help streamline the process and ensure you receive the funds you need to seek treatment and repair damages. However, exceptions exist.
In severe injuries or significant economic losses, accident victims may step outside the no-fault system and pursue a claim against the at-fault driver. This is known as a “threshold injury.”
In Florida, a threshold injury typically includes:
- Permanent and significant loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
If you experience serious injuries, like traumatic brain injuries, they will likely meet these criteria. If this is true, a Florida car accident lawyer can tell you if you can recover compensation from the at-fault driver. Your lawyer will need access to your medical treatment records and bills to show the severity of your Florida car accident injuries. This will help ensure they request fair compensation when filing a car accident claim on your behalf.
Reasons Fault Must Be Determined in Your Car Accident
Determining fault in your car accident is crucial for several compelling reasons, especially when dealing with Florida personal injury claims.
Access to Compensation
When you’ve been injured in a car crash, whether a minor fender-bender or a more serious collision, you must recover compensation to cover medical bills, lost wages, and future medical expenses. Determining fault is the first step in accessing the compensation you deserve. When the fault is known, it shows who is responsible. It allows your attorney to file a claim with the negligent party’s insurance company.
This is especially important if you were involved in a fatal car accident or if you plan to file a wrongful death lawsuit. You must know who is at fault to file an auto accident claim. You must also have proof to substantiate the insurance claim and hold the negligent driver responsible.
Navigating Florida’s Laws
Florida’s legal framework for car accidents can be intricate, particularly with its no-fault insurance system. A personal injury lawyer specializing in car accidents in Florida can help you understand how these laws apply to your case.
At Fetterman Law, our Florida car accident attorneys will guide you through seeking compensation by filing a personal injury claim with the at-fault party’s insurance company. We will consider all the related factors, like personal injury protection (PIP) coverage and exceptions to the no-fault rule.
Ensuring Justice
After an auto accident, the fault must be determined. Knowing who is at fault is necessary to seek justice for your injuries and damages. It holds negligent drivers accountable for their actions, which can deter reckless and distracted driving in the future. In the tragic event where the car accident resulted in a fatality, a wrongful death lawsuit can bring justice to the victim’s family.
If the other driver was arrested for drunk driving by the Florida Highway Patrol after your auto accident, they may face criminal charges. However, you still have the right to file a civil lawsuit against them if they are found at fault for the accident. Working with an experienced car accident lawyer to protect your rights is best.
Calculating Damages
Identifying the at-fault party allows for a fair calculation of damages. This includes not only economic damages such as medical treatment costs, lost income, and future medical expenses but also non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. Knowing who is responsible helps in pursuing maximum compensation for these losses.
It is worth mentioning that long-term injuries, like traumatic brain injuries, will likely result in more compensation than broken bones. This is because they will likely impact the accident victim’s life longer and may make it impossible for them to return to work.
In the aftermath of a car accident in Florida, fault determination is not just about assigning blame; it’s about ensuring you receive the support and compensation you need to recover from injuries and rebuild your life. Don’t hesitate to seek the expertise of a Florida accident attorney from Fetterman Law to help you navigate this challenging process and secure the justice and compensation you deserve.
Determining Fault in a Florida Car Accident
Even within Florida’s no-fault system, determining fault remains crucial, especially when seeking compensation beyond PIP coverage. Remember, your PIP policy will only cover bills and damages to its limits. Your car accident case may result in damages that exceed this amount.
Here are key factors considered in establishing fault after a Florida car accident:
Traffic Laws Violations
Violation of traffic laws is a significant indicator of fault in car accident cases. Common violations include speeding, running red lights or stop signs, failing to yield the right of way, and reckless driving. Distracted driving is also a Florida law violation and can be cited as the cause of an accident. Police reports often document these violations, providing valuable evidence in determining fault.
Witness Statements
Eyewitnesses can provide essential testimony regarding the accident’s cause. Their statements can help corroborate or dispute the accounts of those involved. If you are not sure if there are witnesses, your Florida auto accident lawyer can use the police report to find them. They can also use other means to find witnesses to your accident to establish fault.
However, it’s important to note that witness statements may not always be entirely accurate, as they can be influenced by factors such as visibility and the shock of the accident.
Medical Treatment
After a car accident in Florida, you should seek medical treatment immediately. Many people avoid doing this, believing they were not hurt. However, some car accident injuries take hours, days, or longer to show symptoms. This can make the issue much worse and harder to treat.
Also, by seeking medical treatment, you have a link between your injuries and the car accident. This will help you recover compensation and ensure all medical bills are included. Failure to seek treatment may result in the insurance company for the other party deny liability or claim your injuries were not caused by the motor vehicle collision.
Expert Opinions
In complex cases, accident reconstruction experts may be called upon to analyze the scene and provide expert opinions on fault. Their findings can carry significant weight in court. Filing Florida car accident claims can be challenging, and hiring car accident lawyers is the best way to ensure that the right experts are hired when needed.
Comparative Negligence
Florida follows the doctrine of comparative negligence. This means that fault can be shared among multiple parties involved in an accident. For example, if one driver was speeding but the other ran a red light, both may share responsibility.
In such cases, the court determines each party’s degree of fault, and compensation is adjusted accordingly. If a party is found to be 20% at fault, they will receive 80% of the damages awarded. Many motor vehicle accidents happen suddenly, meaning multiple parties may be at fault and not realize their role until speaking to Florida car accident lawyers.
Challenges in Determining Fault
While determining fault after a Florida car accident may seem straightforward, several challenges can complicate the process:
- Conflicting Accounts: Drivers involved in the car accident often provide differing accounts of what happened. This can make it difficult to establish a clear narrative of events and determine fault to file a car accident claim.
- Lack of Witnesses: In some cases, there may be no witnesses to the car crash. This can make it challenging to corroborate the accounts of the drivers involved.
- Pre-existing Conditions: Insurance companies may attempt to blame injuries on pre-existing medical conditions rather than the accident itself. This can be a contentious issue in determining fault and liability. It can also leave significant medical bills unpaid in more serious car accident cases.
- Insurance Company Tactics: Insurance companies may use various tactics to minimize liability when you file personal injury claims. They may dispute the injuries’ severity, question the medical treatment’s necessity, or delay claims processing.
The Role of a Car Accident Attorney in Florida
When involved in a car accident in Florida, one of the first considerations is whether or not to seek legal counsel. A car accident attorney in Florida can play a pivotal role in navigating the complexities of these cases. Here’s how:
Legal Expertise
Car accident attorneys in Florida are well-versed in the state’s specific laws regarding car accidents. They understand the nuances of these laws and can provide guidance tailored to your situation.
Florida operates under a no-fault insurance system, which can confuse those unfamiliar with its intricacies. A seasoned car accident attorney can explain how this system works and what it means for your case. They fully understand Florida law and will use this knowledge to help with your motor vehicle accident claim.
Investigation and Evidence Gathering
Determining fault in a car accident often hinges on gathering and presenting evidence. Attorneys have the resources and expertise to investigate the accident thoroughly. They can collect vital evidence such as police reports, witness statements, and medical records to build a strong case.
Negotiating with Insurance Companies
Dealing with insurance companies can be a daunting task. Car accident attorneys are skilled negotiators who can communicate with insurance adjusters on your behalf. They work to secure the maximum compensation you are entitled to under your policy.
Litigation Representation
A car accident attorney can represent you if your case cannot be resolved through negotiation. They will build a compelling case, present evidence, and advocate for your rights before a judge and jury.
Understanding Fault in Florida Car Accidents
Navigating the complexities of determining fault in a Florida car accident can be daunting. However, with the help of a skilled car accident attorney in Florida, you can better understand the nuances of the state’s no-fault system and build a strong case.
Remember, establishing fault remains essential even within the no-fault framework, especially in situations of serious injuries or significant economic losses. By understanding the laws and factors involved, you can protect your rights and seek the compensation you deserve in the aftermath of a car accident in the Sunshine State.
If you need help or have questions about your rights, contact our personal injury attorneys at Fetterman Law. We are here to help you get the compensation and justice you deserve. Call today to speak to an experienced Florida car accident lawyer and to schedule a free consultation to discuss your case.
