Understanding Florida Car Accident Laws

October 30, 2023

Car accidents are traumatic experiences that can leave individuals with lasting physical and emotional injuries. In addition to the pain and suffering, car accidents can also result in financial burdens like sky-rocketing medical bills and lost wages. It's important for Florida residents to understand their legal rights and responsibilities in case of a car accident. This blog will explore two crucial aspects of Florida car accident laws, namely the statute of limitations and how liability is determined. 


Statute of Limitations for Filing a Car Accident Claim

When you're involved in a car accident, whether as a driver, passenger, or pedestrian, you have the right to seek compensation for any losses or injuries sustained. However, it's essential to note that there is a specific time frame in which you can file a claim or pursue legal action against the at-fault party. This time frame is known as the statute of limitations, and it varies by state and type of lawsuit. In Florida, the statute of limitations for filing a car accident claim is four years from the date of the accident. 


It would be best to file a car accident claim as soon as possible, even if four years have not elapsed since the accident. This is because the longer you wait to file a claim, the harder it becomes to establish evidence and prove liability. It's crucial to contact your insurance company immediately after a car accident and take photos of the accident scene, vehicles involved, and any visible injuries. These details can help build a stronger case and ease the legal process. 


How Is Liability Determined in a Florida Car Accident?

Determining who is at fault, or liable, for a car accident is critical in deciding compensation for the plaintiff. In Florida, liability is determined based on a system called "pure comparative negligence." This means that both parties involved in the accident can be held liable for the damages incurred. For example, if one driver was speeding and hit another driver who ran a red light, both parties can share the fault and receive compensation accordingly. 


Florida law requires that all drivers carry a minimum of $10,000 in property damage liability (PDL) insurance and $10,000 in personal injury protection (PIP) insurance. The PDL insurance covers damages to the other driver's car, while the PIP insurance covers medical expenses and lost wages for the driver and passengers involved. 


Understanding Florida car accident laws is essential for protecting your legal rights in case of an accident. The statute of limitations is a crucial factor in determining when to file a claim, and liability is determined based on a shared responsibility system. It's advised to consult a reputable car accident attorney to guide you through the legal process and ensure you receive the compensation you deserve. Remember always to prioritize your safety and seek medical attention immediately following a car accident.

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