South Florida Injury Lawyer Blog
When it comes to automobile accidents, Florida follows a no-fault insurance policy. This means that drivers are required to carry Personal Injury Protection (PIP) on their auto insurance, which covers drivers (and passengers and family) when they are involved in an accident. There are certain rules and limitations, but essentially, it will cover up to $10,000 in medical expenses and up to $10,000 of lost wages.
The PIP law was enacted to decrease lawsuits, and it has succeeded in that respect. However, what if your medical expenses and lost wages far exceed what PIP covers, and/or you have also experienced significant property damage? In Florida, you may sue for additional compensation after PIP, and that is where fault comes in.
Understanding comparative fault in Florida
Up until 1972, Florida followed a contributory negligence law, which meant that if you were at all responsible for an accident, you could not recover any damages. Since accidents are often not 100% the fault of just one party, few people could receive damages for serious injuries. The law was changed to pure comparative fault, which meant compensation was weighted by a person’s fault in the accident. For example, if a person was found to be 20% at fault for an accident, he could receive 80% of a $100,000 award, or $80,000.
However, under the pure comparative fault rule, even if the person was 99% at fault for an accident, he could still sue. That would mean he would receive $1,000 of a $100,000 judgment. Of course, such extremes were rare, but this was still considered problematic and led to many cases going to court that should not have. In March 2023, the law was changed to modified comparative fault. It is now the law in Florida that a person can recover damages from an auto accident as long as the other driver is at least 50% at fault for the accident. But if you are found to be 51% or more at fault, you are barred from seeking any recovery of damages under modified comparative law in Florida.
Determining fault in a Florida accident
Various factors that contribute to fault in a Florida accident include:
- Speeding or driving recklessly
- Driving under the influence of drugs, alcohol, or other mind-altering substances
- Breaking the law in any manner
- Driving while drowsy
- Driving while distracted in any way (by technology, other passengers, music, or looking at a map, etc.)
- Weather conditions
- Not wearing a seatbelt
- Poor lights, brakes, etc. on the car
- Operating a vehicle that is not working properly, especially if the issue was known
The assignment of fault is usually initially determined by the insurance company, but since their goal is to minimize their costs, this determination does not need to be accepted. In a lawsuit, the judge or jury, by reviewing the evidence, will assess the facts of the accident and determine fault. The final award is adjusted based on the assigned fault percentages.
Fault is determined by reviewing a number of documents and other forms of evidence, including:
- Police reports
- Traffic laws
- Eyewitness testimonies
- Accident reconstruction by a reconstruction expert
- Video evidence and photographic evidence
- Type of and location of the accident: for instance, rear-end collisions are often considered the fault of the driver who struck from behind, but not always; accidents involving left-hand turns are usually the fault of the driver turning, unless the other driver was not following the laws of the road, was driving under the influence, etc.
- Medical reports: for instance, certain injuries are common to certain types of accidents and speeds
- Expert testimonies
Statute of limitations
As of March 24, 2023, the statutes were changed for how long a person has to sue for personal injury. If the accident occurred prior to that date, you still have four years. If your accident occurred after March 24, 2023, you now only have two years to sue for personal injury or wrongful death.
However, there are some exceptions to this rule with regard to uninsured motorist, product liability, government-entity fault, or delayed discovery of injury. So don’t wait to reach out to talk about your case with an experienced personal injury attorney, even if you think you may have missed the deadline.
As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence. Contact me today, 24/7, at (954) 448-7288, to see how I can help you.