Car accidents can happen in an instant, leading to devastating injuries, significant property damage, and legal complexities. As such, it’s crucial to learn how liability is determined in Florida. Please continue reading as we explore your legal options after a car accident and how our experienced Manatee County Car Accident Lawyers can help if you’ve been hurt in one.
How Does Car Accident Liability Work in FL?
In Florida, car accident liability operates under a “no-fault” system. This means that each driver’s insurance provider covers their own medical expenses and other related costs regardless of who was at fault for the collision. Rather than pursuing a claim against the at-fault driver’s insurance, each driver is responsible for their injuries, no matter who caused the crash.
The state requires all licensed motorists to carry Personal Injury Protection (PIP) insurance coverage. This helps minimize disputes and expedite compensation for injured parties. This auto insurance ensures that certain costs are covered, no matter who is at fault for an accident. However, unlike most states, Florida doesn’t mandate bodily injury liability coverage. The minimum auto insurance requirements to drive include:
- $10,000 in property damage liability insurance
- $10,000 in PIP insurance
These auto insurance requirements are relatively low, which can leave many minimally insured drivers financially vulnerable. If your damages exceed your coverage you can file a claim or lawsuit against the at-fault driver for the remaining amount. If you go down this route, you should note that before you can recover compensation for your damages, you must fulfill the burden of proof. This requires proving the following elements: duty, breach, causation, and damages. This means you need to demonstrate that the other party had a duty to operate their vehicle safely and abide by traffic laws, that they breached that duty through their careless actions, and that this breach directly caused your injuries and losses.
Is Florida a Comparative Negligence State?
Florida is a modified comparative negligence state. This means that even if you are partially at fault for an accident, you can still recover compensation. However, the amount you can recover will be reduced based on your percentage of fault for an accident. For instance, if you are assigned 20% blame, you are entitled to recover 80% of your damages.
If you are found to be more than 50% at fault for an accident, you will face the absolute bar of recovery. To recover compensation, you cannot be found to be more at fault for the accident than the defendant. Keep in mind before you can receive compensation for your damages, you must fulfill the burden of proof. Essentially, you need to demonstrate that the other motorist had a duty to operate their vehicle safely and abide by traffic laws, that they breached that duty of care through their careless or reckless actions, and that this breach directly caused your injuries and damages.
At Becker & Lindauer, LLC we are prepared to help you understand your legal options and fight for the compensation you need to get your life back on track. Connect with our firm today to learn more about what we can do for you during these tough times.
