If you’ve been injured in a car accident in Florida, you may be entitled to damages, regardless of who was at fault. That’s not to say that fault doesn’t come into play when determining compensation, as it’s almost always a critical element of all car accident claims. However, many of our clients are surprised to learn that they may be entitled to a payout even if they are partially responsible for their injuries.
Interested in learning more about car crash fault in Florida? Contact Long & Jean, P.A., at your earliest convenience. If you have a valid claim, we’ll represent you on a contingency basis, which means you won’t have to pay any fees unless you have a successful case outcome. Our personal injury lawyers in Pompano Beach offer free, no-obligation consultations.
How is Fault Determined After a Car Accident in Florida?
Determining car crash fault in Florida can be complicated. Here are some things you need to know:
Fault vs. Liability
These terms are often used interchangeably, but they have different, although closely related, meanings. Fault is a concept that applies to the individual or individuals who are to blame for the car accident, usually the driver of a vehicle. Liability refers to the party that is responsible for paying compensation.
In most car accidents, the driver is at fault, and the insurance company is liable for the resulting damages.
Note: Liability can become more complex with ride-sharing services like Uber and Lyft.
Modified Comparative Negligence in Florida
An important concept in insurance claims is modified comparative negligence, or the Florida 51 percent fault rule, which has been the law since 2023.
To illustrate this, consider a car accident where vehicle 1 runs a red light, blocking the path of vehicle 2 that has the right of way. The front of vehicle 2 impacts the side of vehicle 1. This accident may appear to be entirely the fault of driver 1 since they ran the red light. But what if vehicle 2 was speeding? This would certainly make the collision worse and the damage greater.
In a situation like this, the court may determine that driver 1 was 80% responsible for the damages and driver 2 was 20% responsible. If driver 2 incurs $100,000 in total damages, they can collect $80,000 since 80% of the accident was the fault of the other driver. However, if driver 2 were found to be 51% or more responsible, they wouldn’t receive any damages at all.
4 Elements of Liability
As liability is closely tied to fault, it’s also important that you understand this concept. In most cases, there are four elements of liability that you will need to prove to establish an at-fault party’s negligence and successfully receive damages from the court. Negligence is the failure to take reasonable care, often resulting in injury or other harm.
Here are the four elements of liability:
- Duty of care: Every driver operating a vehicle on the Florida roadways has a presumed duty of care for others. For example, they must observe traffic laws, ensure that their vehicle safety equipment is maintained, and remain alert while driving.
- Breach of duty: When a driver violates a law or operates their vehicle unsafely, they are in breach of their duty of care for others. For example, texting while driving is a breach of duty because it requires the driver to divide their attention between the road and their phone.
- Causation: To be able to pursue a case, you must demonstrate that the driver’s breach of duty was responsible or partially responsible for your accident
- Damages: All motor vehicle accidents involving injuries result in damages. These include economic damages, which are tangible financial costs like medical bills and lost wages, and non-tangible non-economic damages that compensate you for pain and suffering.
Evidence That Helps
Most cases are decided on the weight of the evidence collected after a car crash. During the initial phases of the case, your attorney will gather various pieces of evidence and share them with the defense. The defense may also share evidence as part of the discovery process. Types of evidence include:
Photos, Scene Marks, Vehicle Positions, and Scene Mapping
Oftentimes, CCTV videos from nearby businesses, pole cameras, or red light cameras captures the accident as it happens. Additionally, parties involved or witnesses may visually document the scene using their phones.
After a crash, the position of vehicles and the marks they leave on the road can reveal vital information about what really happened. Investigators may use a technique called scene mapping, which records vehicle positions and other evidence with tools such as drones and surveying equipment.
Black Box Data and Phone Records
Most modern vehicles have an event data recorder (EDR), also known as a black box, that captures information at the time of a car crash. This can provide strong evidence that supports your version of events.
Phone records are also important. They can establish whether the other driver was texting or calling before the accident happened.
Witnesses and Expert Analysis
Independent witness testimony is invaluable. In addition to corroborating or refuting the accounts of those involved, it can also provide clarity regarding physical evidence. Our attorneys can subpoena and depose all material witnesses, including the police, other drivers, passengers, and passersby.
Experts may also be called on to provide additional insights about a car accident. For example, engineers can determine whether a vehicle fault caused the incident. Our firm has the resources to bring in experts in a wide range of fields to help support your claim. These professionals are certified by the courts and can testify on the witness stand if your case goes to litigation.
Medical Records
Medical records confirm the extent of any injuries you received after a car crash and the treatment you required. It’s important to keep all your medical notes and bills in a safe place, as they can strengthen your case.
In addition to your medical records, the records of the defendant may also have some bearing on your case. Our attorneys will subpoena the medical records of the other party if we believe that their injuries or blood tests may provide insight.
All evidence is discoverable, meaning that both sides can request it before a case proceeds to trial.
Common Scenarios and Who Is Responsible
Fault may be easier to determine in some types of car crashes:
- Rear-end collisions: Usually, the rear driver is responsible, especially if they are too close to your vehicle or fail to stop in time.
- Left-turn and red-light crashes: A driver who makes a left turn into oncoming traffic is typically responsible if an accident occurs. Similarly, a driver who runs a red light and causes an incident is also usually at fault.
- Multi-vehicle and shared fault examples: In accidents involving multiple vehicles, several drivers may be to blame. The court can determine the responsibility of each driver under Florida’s modified comparative negligence law.
Insurance Rules That Affect Fault Decisions
Insurance companies have a vested interest in minimizing settlement amounts. It may seem reasonable that two insurance companies covering different drivers in the same accident would take opposite positions, but that’s often not the case. By reducing the overall amount of damages, both companies limit their respective payouts.
PIP/PDL
Under Florida’s no-fault insurance legislation, drivers can turn to their own insurance for medical reimbursement, no matter who is at fault.
The law requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage. PIP covers 80% of all necessary and reasonable medical expenses up to $10,000 that result from a covered injury, regardless of who caused the car accident.
So, even if you are 100% responsible for your accident, the insurance company will pay 80% of your medical bills up to $10,000.
However, PIP insurance does not cover all types of damages, like pain and suffering. And if medical expenses exceed the limit of the PIP coverage, you will have to pursue additional damages through the other party’s liability insurance policy.
EMC and the 14-day Treatment Rule
An emergency medical condition (EMC) is an injury or other medical issue that requires immediate attention from a healthcare professional. Florida’s 14-day treatment rule is used by insurance companies to determine whether injuries are related to a crash. Usually, if you seek care for an EMC within 14 days after the incident, the issue is presumed to be related, strengthening your claim. If you get help after this window, insurers might reduce or even deny coverage.
That’s why it’s essential to have your own personal injury lawyer. Insurance adjusters may act like they’re on your side, but in reality, they’re incentivized to play hardball.
Admissibility of Car Crash Reports
Under Florida law, the police are required to complete a crash report if there are injuries or if the damage exceeds $500. This crash report is a critical piece of evidence for both sides of the case. It includes information such as vehicle descriptions and positions, the contact details of parties involved, and any citations issued.
However, some aspects of a report, such as statements made by drivers and witnesses, may not be admissible in court when proving fault. This can affect the total amount of compensation you receive.
Deadlines and Mistakes to Avoid
Usually, you have two years from the date of a car crash to file a claim or bring a lawsuit in the event of negligence on behalf of the other driver. This is known as the statute of limitations.
Waiting too long to start action is one of the biggest mistakes we see when dealing with car crash cases. We also recommend that victims avoid accepting a settlement before consulting with a car accident attorney. Insurance adjusters do their best to make a settlement offer seem reasonable when it’s often just a bad deal.
Why Choose Long & Jean, P.A.?
Dealing with the aftermath of a car accident in Florida can be difficult, especially if you experience stress, trauma, or confusion. Your best next step is to schedule a one-on-one, free consultation with one of our personal injury lawyers. Our team will review your unique situation and provide guidance on the next steps to take. If we take on your case, we’ll fight for the compensation you deserve.
Contact Long & Jean, P.A. today to learn more about car crash fault in Florida.
