Florida Car Accident Laws 2024 Explained

With so many car crashes in the state, considering Florida car accident laws is essential. It is critical to be aware of your legal rights, the laws and regulations that govern your driving, and the protocol to follow after an accident.

Car accident laws are vital, as they establish the legal framework for determining liability, protecting the rights of victims, and ensuring accountability for negligent behavior.

Understanding Fault in Florida Car Accidents

With over 400,000 car crashes in the state in 2021, a major consideration in all car accidents is determining fault. Florida is a no-fault car insurance state that holds to a comparative negligence rule. This may sound confusing, but it’s important to understand. A no-fault state indicates that regardless of fault for an accident, injured individuals can receive compensation for minor injuries from their own insurance providers. They are required to file a claim under Personal Injury Protection (PIP).

Comparative Negligence

In the event that injuries and damages are serious, and the PIP insurance coverage is not enough to cover the costs of damages, the injured individual can recover compensation from the other driver by filing a personal injury claim against them. This is when comparative negligence becomes an important concept.

In many accidents, both drivers share a level of responsibility for an accident. In this case, comparative negligence dictates that the compensation of the injured party will be reduced by whatever percentage they were at fault for the accident. For example, if the victim was 10% responsible for an accident and suffered $100,000 in losses, their damage recovery would be only 90% of the $100,000, which is $90,000.

To win compensation in court, the plaintiff must prove that the defendant was liable for the accident and, in turn, their injuries. Drivers commonly cause accidents by driving distracted, such as texting or eating while behind the wheel.

Reporting Car Accidents in Florida

Drivers are legally required to report car accidents if the crash caused injury, death, and/or at least $500 in vehicle or property damage. Even if an accident does not meet these requirements, it is recommended to report the accident to the police, as a police report is a helpful piece of evidence when pursuing damage recovery.

Minimum Insurance Requirements in Florida

Florida requires drivers to have two types of insurance: Property Damage Liability coverage and Personal Injury Protection coverage. The minimum requirement for both types of coverage is $10,000 each. It is not a state requirement to have bodily injury liability coverage, but this is highly encouraged as a way to protect your assets if an accident is your fault.

Rear-End Presumption of Negligence in Florida

In Florida, as with many other states, the car in the rear is presumed to be negligent in rear-end accidents. These types of crashes are common, and they are often caused by one driver following the car in front of them too closely. Florida requires drivers to maintain safe distances between vehicles to avoid collisions.

Statute of Limitations in Florida Car Accidents

A statute of limitations is the legal time frame in which injured individuals can pursue legal action against at-fault parties. In Florida, personal injury law allows two years from the date of the accident to make a legal claim against the at-fault party. There are exceptions to this rule, but in general, it is essential to pursue legal action as soon as possible to ensure you are within the time frame.

If you file a claim long after an accident, it also becomes more difficult to gather the evidence needed to prove the other party’s negligence.

FAQs

Q: What Is the New Law in Florida for Car Accidents?

A: The new law in Florida car accidents states that the statute of limitations on personal injury claims is two years, while it was previously four years. This indicates that injured parties have two years from the date of their injury to file a personal injury claim and receive compensation for their losses. If they attempt to seek action outside of this time frame, they may be denied.

Therefore, it’s recommended to contact a car accident attorney soon after an accident.

Q: Who Pays for Car Damage in No-Fault States Like Florida?

A: In no-fault states like Florida, each driver’s insurance typically pays for their own car damage. Florida car insurers can compensate you for the costs of your damages after a car accident. However, if your damages exceed your policy limit, you may be able to take legal action to pursue compensation for your losses. Speak with a local attorney to learn more.

Q: Who Is at Fault in a Car Accident in Florida?

A: In Florida, the party at fault for a car accident is the driver or individual whose negligence caused the collision. Florida follows a comparative negligence rule, which indicates that damages can be reduced based on the plaintiff’s proportion of fault for their own injury. This means that even if one party is mostly at fault, the victim’s settlement can be reduced by the percentage of the liability they share.

Q: What Is the 14-Day Rule for Car Accidents in Florida?

A: The 14-day rule for car accidents in Florida refers to the law that requires car accident victims to seek medical evaluation and treatment within the first 14 days after their crash. If an individual fails to do so, this can prevent their personal injury protection (PIP) insurance from paying medical care providers. It is important to document when you receive medical care, as insurance companies are known for trying to avoid paying settlements.

Speak With a Trusted Florida Car Accident Attorney Today

Navigating the legal landscape following a car accident can be daunting. There are countless laws and regulations to be aware of, and violating them can have serious implications. At Spohrer Dodd Trial Attorneys, our firm is armed with a vast knowledge of your rights and the intricacies of the law. Reach out today to set up a consultation. We can help you confidently pursue the justice and compensation you need following an accident.