The first thing to know about Florida car accident law is that when you’ve been involved in an accident involving injury, death or significant damage, you’ve got to report it.
According to Florida Highway Safety and Motor Vehicles, “Section 316.065, Florida Statutes, requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage to immediately contact local law enforcement. Otherwise, you can complete a “Driver Report of Traffic Crash (Self Report)” or “Driver Exchange of Information” on line.”
Most people call 911 for a serious crash and then the police file the report.
The law requires anyone involved in a vehicle accident in Florida to stop at the scene of the accident and assist anyone who has been hurt.
Car Accident Law and Compensation
Florida is a “no fault” vehicle insurance and accident compensation state meaning that if you are injured in an accident in Florida, you must file a claim with your own insurance company under “personal injury protection (PIP)” coverage for your injuries. If your injuries are severe, you can submit a claim and, if required, a lawsuit against the other motorist. Furthermore, if you are filing a claim for car damage, “no fault” does not apply, and you will submit a claim with the other driver’s insurance. It is generally considered wise to talk with a car accident personal injury attorney before talking with a claims adjuster for an insurance company.
Florida is a “comparative fault” state when it comes to deciding responsibility for negligence. If your case gets to trial, the judge or jury will determine percentages of culpability for each driver and set damage awards appropriately. Basically, each party in an automobile accident is responsible for a portion of the damages based on their level of fault.
Car Accident Law and Responsibility
In Florida car accident law, if your losses in a car accident exceed the minimum PIP coverage, you may be able to file a personal injury lawsuit to recover the damages. In determining fault and responsibility, various facts concerning liability are taken into consideration, such as speeding, DUI, distracted driving, ignoring traffic signals, or reckless driving. Attorneys and insurance adjusters will review all the documentation, including police reports, photos, videos, witness statements and medical records.
If you’ve been injured by someone’s negligence, talk to an Orlando car accident lawyer at the Martinez Manglardi personal injury law firm. Call 866-730-1882 for a FREE CONSULTATION at one of our convenient Central Florida locations.
