If you were involved in a car crash in Florida, you should know the laws that can help you recover damages for your losses. We prepared a guide below to help you understand everything you need to know about car accident lawsuits in the state.
Florida Statute of Limitations
The statute of limitations for car accidents in Florida is two years. This means that after a car accident, the injured person has that many years to file a claim or they will lose the right to sue the responsible party.
There are some exceptions to the statute of limitations, such as:
- The injured person was a minor
- The injured person was mentally incompetent at the time of the injury
- The injury wasn’t discovered and couldn’t have been discovered until later
Regardless of whether you think these circumstances apply to you, it’s a good idea to consult with a car accident lawyer within the Florida statute of limitations time frame.
Florida Laws for Car Drivers
Being in an accident isn’t the only unpleasant thing that can happen behind the wheel. Getting pulled over and being fined or even arrested is no fun in Florida or anywhere else. Further, being in compliance with all laws may make it easier for you to prove you weren’t responsible for a car accident, especially if the other driver was breaking the law.
- Cell phones and texting. Using your cellphone in handheld mode is illegal in Florida if you’re in a school or work zone. Texting while driving is always illegal, however.
- Cell phone use age restrictions. In Florida, young drivers are treated the same as all other drivers when it comes to cell phone use and restrictions.
- Drinking and driving laws. A driver is considered to be intoxicated in Florida when their blood alcohol concentration (BAC) is over 0.08. Underage drivers subject to zero tolerance laws are considered in violation if their BAC is over 0.02.
Identifying Fault in a Car Crash
In some states, like Florida, all drivers are required to carry Personal Injury Protection (PIP) insurance rather than liability insurance. When there’s a car crash in Florida, each driver’s PIP coverage pays for their injuries and any injuries to their passengers. If there’s significant property damage, there may still be a determination of who is at fault for the accident. The driver who didn’t cause the accident can make a claim on the other driver’s insurance—or sue the other driver—to recover for the damage to their vehicle.
How Can An Attorney Help You?
Hiring an experienced car accident attorney in Orlando can significantly impact the outcome of your case. Some ways an attorney can help you include:
- Case Evaluation. An attorney can review the facts of your case and provide guidance on whether you have a valid claim and the potential value of your case. They cannot guarantee they’ll get you a certain amount of money.
- Gathering Evidence. A skilled Orlando car accident attorney will help you gather and preserve essential evidence to prove the other driver was at fault. This evidence can also help show the extent of your damages and how much compensation you may need.
- Negotiating with Insurance Companies. Insurance companies often try to minimize payouts or avoid paying claims altogether. An attorney in Orlando can negotiate on your behalf to ensure you receive fair compensation for your injuries and damages.
- Litigation Support. If your case goes to trial, an attorney can represent you in court and present your case effectively to maximize your chances of success. They’ll also continue to negotiate throughout this process to try to resolve your claim faster.