If you have just transferred to Florida or are taking a quick trip or drive, you may want to familiarize yourself with its unique set of laws on the road. One cannot always prevent accidents from happening, so it is best to know what might happen and what you can do about it while you are in Florida.
Unlike other states, Florida has a few caveats that others don’t. Hence, it’s important to make sure you know the rules and regulations, so you can protect yourself in case you are in an accident.
Understand Two Important Rules on the Road
In Florida, there are two important rules to remember when it comes to auto accidents. The “No Fault” rule will require the person to file a claim to one’s insurance. This will be covered by the personal injury protection, in the hopes of covering the injuries sustained from the accident. The only time that you can file a claim against the other driver is when you sustain permanent damage from the accident.
There is also the “pure comparative negligence” state. Florida follows this when auto accidents end up in trial. When comparing fault, the amount of damage that is given to the individual will be calculated depending on their fault in the accident. Thus, the amount that needs to be paid to an individual will have to be computed against the percentage of their fault in the damage. This reduces or increases the amount to be paid, depending on whether you were at fault or not.
Remember the Damage Cap
Just because you are involved in a major accident does not mean you will get a lot of money to cover the expenses. In Florida, there is a damage cap to set the limits as to how much an injured person can get after the vehicular crash. More importantly, if the injuries are not as visible, yet the person in question has suffered from non-economic damages, the damage caps are applied heavily in these scenarios.
These damages are defined as “pain and suffering.” One exemption is when there is medical malpractice, from which the expenses on pain and suffering is not given a damage cap.
According to the Florida Statutes Annotated section 768.73, punitive damage is limited to three times the compensatory damage that needs to be paid for. Either this or the person will only be able to get $500,000, whichever amount is higher.
Don’t Be Afraid to Tap a Florida Auto Accident Lawyer
Compared to other states, Florida is one of the few that has additional provisions that you may not be familiar with. Because of this, you may have a harder time settling the claim without the proper professionals who know the works.
For instance, part of the procedure of dealing with car accidents in Florida is reporting the incident to the authorities. This is required for damages that amount to at least $500, as well as an end result of a serious injury or death.
There are also some divisions as to where specific incidents will be reported. For example, the inclusions stated above will have to be reported to the local police department when it happens in a local municipality. On the other hand, if the accident happens outside, it has to be reported to the county sheriff.
If you need a lawyer who understands the proceedings and nuances of regulations in Florida law for car accidents, Goldman, Babboni, Fernandez, & Walsh offers its expertise in terms of knowledge and experience. Its lawyers have handled over 10,000 accident injury cases, recovering $500 million dollars of settlements. Stay safe and keep yourself from intense worries about claims by getting the help of professionals who are concerned about your wellbeing.