Florida has many laws that govern the rules of the road and that protect drivers and pedestrians. It’s important to understand these laws, as they can affect your rights as well as your responsibilities if you become involved in a car accident.
Diaco Law knows Florida law inside and out and can help in the aftermath of a crash. Our car accident attorneys help you navigate the justice system and make the law work for you as you fight for fair compensation after a crash. If you or someone you love was hurt, give us a call or contact us online today.
You can also read on to learn all about the car accident laws in Florida that affect you.
Florida’s No-Fault Laws
The first and most important laws that you need to know are Florida’s no-fault laws. Under Florida law:
- Under Florida Statute § 627.736, every driver is required to purchase at least $10,000 in Personal Injury Protection (PIP) coverage and $10,000 in Property Damage Liability Coverage
- PIP pays 80% of your medical expenses and 60% of lost wages resulting from a car crash up to policy limits, no matter who caused the accident to occur.
- You must recover compensation from your PIP coverage for minor accidents. You can only pursue a claim against a negligent driver for causing a crash if the accident is serious.
- According to Florida Statute § 627.737, serious injuries are defined as those that cause a significant and permanent loss of an important bodily function, injuries that are most likely to be permanent to a reasonable degree of medical probability, significant permanent scarring or disfigurement, or death
These laws affect your right to make a personal injury claim and recover payment for things like lost wages and emotional distress. You must be able to meet that serious injury threshold to sue the other driver. Otherwise, you’ll rely on your own insurer for coverage.
The Florida personal injury lawyers at Diaco Law will help you prove your injuries are serious enough to pursue a claim against the other driver, or will work with you to make your own insurer pay what you deserve.
Florida’s Modified Comparative Negligence Law
Florida’s modified comparative negligence law is another key law to know after a car accident. This law is found in Florida Statutes § 768.81.
Under this law, drivers who are 50% or less at fault can recover compensation from the other driver responsible for a car crash. However, if you are more than 50% at fault, recovery is barred.
Your compensation is reduced if you share fault, though. For example, if you suffer $100,000 in damages but are 20% to blame, your damage award would be reduced by 20%, and the other driver would pay you for 80% of your damages or $80,000.
Florida Laws on Safe Driving
Florida also has numerous laws designed to ensure the safety of drivers on the road. For example, some driver safety laws include:
- Florida Statute § 316.305 establishes certain prohibitions on wireless communication, including prohibiting drivers from operating a motor vehicle while manually typing letters or other characters into wireless communication devices or while sending or reading data on these devices for purposes of any non-voice communications like texting, emailing, or instant messaging.
- Florida Statute § 316.306 prohibits a driver from holding a wireless device while driving in a school zone, at a school crossing, or in active work zones. Drivers are allowed to use devices in hands-free mode.
- Florida Statutes § 316.192 makes reckless driving a criminal offense. Reckless driving is defined as driving a vehicle “in willful or wanton disregard for the safety of persons or property.”
- Florida Statute § 316.183 prohibits driving at a speed greater than is reasonable and prudent under the conditions and requires drivers to follow set speed limits. Failing to do so is a moving violation.
These are just some of the many regulations governing drivers and requiring them to behave in a safe way.
Drivers are also expected to do things like stop at stop signs, follow traffic signals, yield the right-of-way when required at intersections and when departing driveways, and wear seatbelts if they are driving, are front-seat passengers, or are under 18.
Understanding driving safety laws can be important because if a motorist violates a safety rule and causes a crash as a result, the safety rule violation can create a presumption of negligence. Diaco Law knows Florida car accident laws inside and out, and we will work to determine if the driver who hurt you broke the rules.
Florida Laws on Reporting Car Accidents
Florida law also requires drivers who are involved in a motor vehicle accident to report the crash if the crash causes property damage that exceeds $500, if someone is hurt in the accident, or if the accident causes fatalities. You are also expected to stop at the crash scene, or you can be charged with a hit-and-run offense.
Statute of Limitations for Florida Car Accident Claims
The time limit for pursuing a case is two years from the date of the injury under Florida Statute § 95.11.
When you have been hurt in a car accident, you must understand the statute of limitations for Florida car accident claims. If you don’t file your claim within the statute of limitations, your claim will be time-barred.
A Lawyer can Help you Understand and Enforce the Law
Florida’s many car accident laws can impact your claim for damages in the aftermath of a crash. That’s why it is so important to get legal help from an experienced accident attorney.
Diaco Law has recovered over $200 million for clients, and members of our legal team have 50+ years of combined experience. We don’t charge legal fees, and we will fight hard to get you the money you deserve.
To find out more about how a Florida car accident lawyer can help you make the legal system work for you, give us a call or contact us online today to schedule a free consultation.