Understanding Florida Car Accident Fault Laws
Sept. 1, 2019
Every time you get into a car, there’s a chance you’ll be involved in an accident. Car accidents are common that there are more than 6 million each year in the United States. No matter where you live, you should have a firm understanding of the state laws that pertain to car accidents in case you’re ever involved in one. Here, we will discuss Florida car accident laws and what they mean for you.
Florida Statute of Limitations
First and foremost, if you’re going to file an insurance claim for a car accident in the state of Florida, you must follow the statute of limitations. In the state of Florida, the statute of limitations is four years. Likewise, if you want to seek damages from the other party and file a lawsuit, it must also be filed within the statute of limitations.
Florida Is a No-Fault Insurance State
It’s important to note that Florida is a no-fault car insurance state. In a no-fault state, instead of determining a responsible party and making them liable for the damages from a car accident, each party is liable for at least a portion of their own damages. There are, however, other laws in place that work to alleviate innocent drivers from being responsible for the entire cost of their damages.
Florida Follows Pure Comparative Fault
To determine how much of the damages each party in an accident is liable for, all states follow a form of comparative fault. In Florida, the courts follow what is referred to as Pure Comparative Fault. Under Pure Comparative Fault laws, fault of a car accident is determined by a Jury. Instead of determining one party is 100% at fault, pure comparative fault allows each party to be responsible for a percentage of the accident.
Here’s an example of comparative fault: Sue and Bill get into a car accident. Sue is found 30% responsible for the accident, whereas Bill is found 70% responsible. After filing a claim with her own insurance company, Sue is able to seek 70% of the cost of her damages from Bill (or Bill’s insurance company.) Likewise, Bill is able to seek 30% of the cost of his damages from Sue (or Sue’s insurance company).
Report Car Accidents to Local Authorities
If you’re involved in a car accident with two or more parties (including yourself), it’s essential to contact the local authorities as soon as possible. On the scene of an accident, police officers are able to file an official report that helps to determine the fault of an accident and, therefore, plays a beneficial role in cases where Pure Comparative Fault is used.
Car Accident Lawyers in Davie, Florida
In and around Davie, Florida the first number to call after a car accident is The Law Offices of McCullough and Leboff , P.A. For more than 48 years, residents of South Florida have trusted them to help recover expenses from medical bills, injuries, and pain and suffering following car accidents. If you’re currently involved in a complicated car accident insurance claim or experiencing hardship following a car accident, there’s no better attorney team in the state of Florida to assist you.
To schedule a free consultation to determine the best course of action to take regarding your car accident, call or contact us online today. We look forward to talking with you soon.