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What You Need to Know About Florida Car Accident Laws

Traffic accident laws vary considerably among states. For example, a car accident you may encounter or be involved in within Florida will be handled differently if it happens outside the state.

Florida car accident laws follow the same general structure as those in other states, whether they have to do with statutes of limitations, negligence rules, or car accident reporting. Their differences lie in how they are interpreted and implemented.

Statute Of Limitations

Statutes of limitations allow for a standardized policy to better serve potential victims (or plaintiffs) and defendants alike. It is the time limit or deadline set by the courts in filing a lawsuit.

Florida car accidents follow a statute of limitations based on Florida Statutes Title 8, Ch. 95, Sec. 95.11. According to that law, the statute of limitations for car accidents is four years for most cases.

When filing a case, it is important to note that the limit starts from the day the car crash took place. If you file a case past the deadline, expect your case to be dismissed by the court. Should there be a valid reason for you to request an extension, your auto accident lawyer should be able to help you with it.

Comparative Negligence Rules

Accidents can be viewed in terms of the degree of negligence of the drivers involved. If you are the victim, the other driver at fault will be assessed based on how negligent they were at the time. But negligence can also arise on your part. To see who is more at fault, comparative negligence rules are utilized. The outcome is essential in computing for damages and how much the plaintiff gets.

Florida car accident laws treat negligence differently. The state has a pure comparative fault rule. This is only applicable if both parties are found to share the fault in the accident. In this rule, the damage incurred by the plaintiff and the percentage of fault are calculated.

The damages paid to the plaintiff will be reduced as a percentage of their fault in the accident. For instance, you were awarded total damages of $50,000. If the jury finds that you contributed 30% to the accident, the net damages will only be 70% of $50,000, which is $35,000. Other states have modified rules, such as a plaintiff is only awarded damages if they were 50% or less at fault for the accident.

No-Fault Insurance Rules

Apart from the car accident laws in your state, your auto accident lawyer may also have to teach you about some specific car insurance laws. Florida is part of over a fifth of U.S. states that have no-fault car insurance laws.

No-fault car insurance rules require those who are injured to seek assistance from their insurance provider first regardless of who was at fault. This also serves as protection for the driver at fault, allowing them to avoid unwanted claims for damages. In the said rules, a plaintiff can only file a claim against the driver at fault under certain scenarios.

Auto accident legal services and personal injury services are provided by experts who know the ins and outs of pertinent state and insurance laws. When asking for legal help, especially in Southwest Florida, choose a professional who will guide you throughout the claims process.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

What You Need to Know About Florida Car Accident Laws

Goldman Babboni Fernandez
Murphy & Walsh

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