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3 Florida Car Accident Laws That You Must Know!

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Popularly known as “The Sunshine State”, Florida is a dream destination for many travel enthusiasts! However, the sad part is, it even has dubious fame of witnessing the highest number of car accident deaths.
2017 alone witnessed a staggering 374, 492 car crashes. This accounts for 1026 crashes per day. Considering the national average, Florida is one of the largest contributors to car accidents in the United States.
According to recent reports, high-capacity freeways in Florida, including but not limited to Interstate 95 (I-95), Florida Turnpike, Interstate 75 (I-75), Interstate 4 (I-4), Alligator Alley, and US Highway 27, are highly vulnerable to road accidents.

Here’s a list of 3 car accident laws in Florida that you, as a responsible driver, must know!

1> Florida “No-Fault” Law

Laws governing car accidents in Florida are complex! A very basic thing that you should remember is, Florida is one of those handful states in the U.S where a “no-fault” insurance and compensation law persists.
This means that in case of an accident in Florida, a driver must file a claim with the insurance company using the “Personal Injury Protection”, or PIP coverage.
PIP coverage enables drivers covered under such a policy to file a PIP claim with the insurance carrier. Going forward, the insurer of each of the driver pays for the damage caused. But in case of a heavy injury (that is if it surpasses the limit of the PIP), the victim has the complete liberty to file a lawsuit against the other driver.

2> Pure Comparative Negligence

Florida is a “Pure Comparative Negligence” state.
This means that in Florida, if a case isn’t settled amicably between the concerned parties, it gets forwarded to the court of law. The judge or the jury compares the fault between the parties and provides a judgment (depending entirely on the pieces of evidence furnished by the attorneys).
The judge or the jury after carefully analyzing all the shreds of evidence (this includes but isn’t limited to finances, accident recreation, and eyewitnesses) furnished by both the parties, calculates the percentage of the fault placed upon each driver. The judgment is then provided purely based on this analysis.
This means that car accident laws in Florida are based on ‘comparative negligence’. So, always make sure to hire an experienced personal injury lawyer in case of a Florida car accident unless you’re willing to pay a hefty compensation.

3> Limits on Compensation
In Florida, there are certain limits imposed on the amount of compensation available to victims. And this falls in the favor of those who have gone through severe injuries. Apart from lifetime pain and suffering, they are also liable to pay huge medical expenses.
There are strict time limits imposed upon victims within which they will have to hire a lawyer and proceed the case to the court of law. This time limit, in Florida, and almost every state of the U.S is known as the Statute of Limitations.
Laws in Florida compel the driver who suffered from minor injuries [known under the law as “Injury to Person” §95.11(3)(o)], has a provision of four years from the date of the accident to proceed with the litigation. Post that, no matter how strong the claim is, the judge will not hear the case in the court due to the ‘Statute of Limitations’.

Get Help from the Best Florida Car Accident Lawyer

As already discussed, I-4 is one of the busiest interstates in the U.S. It is also one of the most accident-prone freeways of the country. Any accident on I-4 causes severe pain and injury to the victim. Long-term impacts too are not unheard of!

Florida – a “no-fault” state, has strict regulations on motor vehicles. The rules on accident settlements are also different. Each has a different PIP. Thus, only an experienced lawyer can help you out if you become a victim of a car accident on I-4.

This is when Avita M. Samaroo can help you out!

She is an expert personal injury lawyer, and have been helping car accident victims for more than 6 years now. Our expertise lies in countering the lawyers of the insurer or the opposition party and establishing the gravity of the injuries and loses that her clients have suffered in the court of law.

She doesn’t stop here! If the injuries have a long-term effect, she demands a hefty compensation, so that they succeed in overcoming the financial instability.

Speak to her directly on 407-250-1200 or say hello at avita@samaroolaw.com

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