Car Accidents—Driving in the State of Florida
Currently, the Sunshine State has approximately 17 million drivers on the road maneuvering on interstates,highways, toll roads, turn pikes and busy streets. Consequently, in 2018, approximately 400,000 crashes were reported, with 31,904 occurring right here in Orange County. Car accidents can be a traumatic experience for everyone involved and leave lasting injuries. Most motor vehicle accidents occur as a result of someone’s negligence. Negligence is when someone has a duty to act with reasonable care,and by failing to act with that care, they cause harm to another person. Bylaw, the negligent party is monetarily responsible for the injured parties damages, but the proving of negligence will likely require attorney representation.
Florida implements a comparative negligence system that determines the amount of liability between the persons involved. Respectively, each person who is at fault for an accident or injury caused will be liable to the extent to his or her own fault. Like many states, Florida requires every person who owns a vehicle to have automobile insurance, with at least $10,000 personal injury protection (PIP)and $10,000 property damage liability (PDL).Furthermore, once in a car accident, you have four years starting from the date of the crash to bring your claim.
Some common causes of motor vehicle accidents include the following:
- Speeding: The Legislator establishes speed limits to help people travel to their destinations safely. When individuals choose to go over the speed limit, the chances of having an accident increases greatly. Speeding gives drivers less time to react, makes it harder to make turns and corners, and overall impairs a person’s capability of driving completely safe.
- Failing to obey a traffic control light: Running red lights, failing to stop at stop signs and failing to signal can also result in a motor vehicle accident. Running a red light combined with speeding can cause great bodily harm to the driver, passengers and those whom you come into contact with.
- Failure to Yield: In almost every driving situation, one driver has the right of away and another driver is expected to yield. The expectation to yield is the duty and the failure to yield is a breach of duty and possible negligent act. If the driver with the right of way has damages, then the negligent party may be monetarily responsible.
- Texting while Driving: Florida Statute 316.305 makes it illegal to text and drive in Florida. Texting while driving impairs a driver’s ability to focus on both the road and the phone. As a result of this, texting and driving increases the likelihood of a motor vehicle accident.
- Drunk Driving: Florida Statute 316.193 makes it illegal to drink and drive in Florida. Driving with an alcohol content (0.08% or higher) or under the use of drugs, you are a drunk driver under Florida Law. Like many of the causes above, drunk driving diminishes a person’s ability to effectively react and divert their attention to several things happening on the road at once.
Furthermore, car accidents can result in a wide variety of injuries, both physical and mental. The most common injuries include the following:
- Herniated/Bulging Discs
- Radiating Pain
- Torn Muscles/Ligaments
- Broken Bones
- Soft tissue strains, sprains, and tears
- Skull fractures
- Brain Injury
- Spinal cord injury
- Facial Injuries
- Internal Injuries
If you are involved in a car accident in Florida, and the accident resulted in bodily injury or vehicle damage, you must report the accident to the local police department within that municipality. These rules can be found at Florida Statute 316.065.
If you or someone you love has been injured in a car accident, you have rights. Our legal team here at Quattrochi and Torres, PA want to help you understand Florida law and determine if you have a claim. Please contact us today so that we can put our experience to work and maximize the value of your claim.