Florida Auto Negligence

Florida is home to millions, and with so many drivers on the road, accidents are unfortunately common. These car accidents are often the result of a negligent party, someone whose irresponsible actions behind the wheel endanger other drivers.

It’s essential to understand how Florida handles automobile negligence and what that may mean for you.

What is Auto Negligence?

An individual is considered negligent when they fail to act in a reasonable manner, and their actions lead to an accident or injury. Similarly, auto negligence occurs when a driver does not operate their vehicle in a way that a reasonable driver should, resulting in an auto accident.

Negligence can take many forms, such as running a red light, texting while driving, or driving under the influence. In Florida, auto negligence meaning is defined as either doing something that a reasonably cautious person would not do, or failing to do something a reasonably cautious person would do. A jury ultimately decides what constitutes reasonable behavior, but in general, negligence occurs when a driver acts carelessly, and that leads to harm. This could involve actions like speeding, running a red light, or distracted driving, which put others at risk of injury or damage.

Proving Car Accident Negligence

Proving car accident negligence in Florida requires establishing that a driver did not act reasonably and that their lack of care led to the accident and subsequent injuries. To prove negligence, the following elements must be satisfied:

• Duty of Care: The driver owed you a duty to act responsibly on the road.
• Breach of Duty: The driver violated that duty by failing to drive in a reasonable and safe manner.
• Causation: The breach of duty directly caused the accident.
• Damages: The accident led to measurable damages, such as injuries or property damage.

In Florida, drivers have a duty to act responsibly and safely when operating their vehicles. When they fail to do so, they breach that duty. If that breach directly leads to an accident, and damages result, the other driver may be found negligent. Proving negligence is a critical part of any car accident case.

Types of Auto Negligence in Florida Law

Negligence can occur in various contexts, but when it comes to auto negligence, the most common causes are:

• Distracted driving (such as texting while driving)
• Driving under the influence (alcohol or drugs)
• Running red lights or failing to yield
• Reckless driving, including speeding or ignoring traffic signs
• Failure to signal or other unsafe driving practices

In the case of a slip and fall accident, negligence might involve property owners failing to maintain safe conditions; for example, not cleaning up spills in a store or not repairing hazardous conditions like broken steps or potholes. While auto accidents typically involve drivers, premises liability cases involve property owners’ responsibility for maintaining safety.

Understanding Comparative Negligence in Florida Car Accidents

Florida follows a modified comparative negligence law. This means that if you are found to be no more than 50% at fault for the accident, your recovery will be reduced by the percentage of your fault. For instance, if you are found 20% at fault for an accident, you could still recover 80% of the damages. However, if you are found to be more than 50% at fault, you will be barred from recovering any damages.

This rule can significantly impact cases, particularly in car accident negligence. For example, in accidents where both parties share some fault, Florida’s modified comparative negligence ensures that a victim’s compensation is adjusted based on their level of responsibility.

What Types of Damages Can Be Claimed in an Auto Negligence Lawsuit in Florida?

When pursuing an auto negligence lawsuit in Florida, victims may be able to claim several types of damages, depending on the circumstances of the case. These typically include:

• Medical expenses (both past and future)
• Lost wages (both past and future)
• Pain and suffering (both past and future)
• Property damage (such as vehicle repairs)

In Florida, medical costs and lost wages can be substantial, especially in severe accidents. Proving that these damages were caused by the defendant’s negligence is essential to a successful lawsuit.

Building a Strong Negligence Case: What Evidence Helps?

When building a strong negligence case, particularly in car accidents, it’s crucial to gather clear evidence. Photos of the accident scene, police reports, witness testimony, and surveillance footage (from nearby businesses, for example) can all be key pieces of evidence. For rear-end collisions, the law presumes the rear-driver is negligent unless they can show specific exceptions, like a sudden stop by the front driver.

In some cases, video evidence can be invaluable. For example, in premises liability cases, store surveillance video might show exactly when an accident occurred and the conditions leading to it.

How Florida’s No-Fault System Affects Auto Negligence Lawsuits

Florida is a no-fault state, meaning that after an accident, you typically turn to your own insurance for coverage, regardless of who is at fault. Your Personal Injury Protection (PIP) insurance will cover up to $10,000 in medical expenses, but if your injuries exceed this amount, you may be able to pursue a claim or personal injury lawsuit against the at-fault party to recover additional damages.

However, if your injuries are not considered serious by Florida law, you may not be able to pursue non-economic damages (like pain and suffering) in a lawsuit. Under the no-fault system, Florida only allows personal injury lawsuits for more severe injuries, such as permanent injuries or significant disfigurement.

Note that the no-fault system does not apply to property damage resulting from a car accident. You may make a claim against the at-fault driver for property damage and loss.

Serious Injury Under Florida No-Fault

To file a lawsuit against the at-fault driver to recover for non-economic damages under Florida’s no-fault system, injuries must qualify as “serious injury.” According to Florida Statute, serious injury includes:

• Significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
• Significant and permanent scarring or disfigurement; and
• Death. 

If your injuries do not qualify, you will not be able to collect for non-economic damages.

How a Florida Car Accident Attorney Can Help

While you are not legally required to hire a car accident attorney, having representation will often result in the best outcome. Not every car accident case is straightforward, with some cases presenting particular challenges. A Florida car accident lawyer can assist you by:

• Investigating the details of your accident,
• Gathering the necessary evidence, including photos, videos, and witness statements,
• Communicating with insurance companies on your behalf,
• Negotiating settlements or pursuing your case in court.

Although many car accident cases settle before trial, some will go before a judge and jury. Having legal representation ensures that your case is handled properly, increasing the likelihood of a favorable outcome.

Common Mistakes in Florida Negligence Cases

One of the most common mistakes people make before contacting a negligence lawyer is delaying medical treatment. In Florida, you must seek medical care within 14 days of a car accident to benefit from PIP insurance. Another mistake is giving statements to the insurance company before consulting a lawyer, as these statements can sometimes hurt the case later. It’s crucial to be cautious and avoid settling prematurely with insurance companies, as they may offer far less than the true value of your case.

The Statute of Limitations for Filing a Negligence Claim in Florida

In Florida, the statute of limitations for filing a negligence lawsuit is two years from the date of the accident. After two years, you will typically be unable to pursue a claim unless there are very specific exceptions. For uninsured motorist claims, the statute of limitations is five years, but it’s important to act quickly to avoid losing the ability to file your case.

Contact a Florida Car Accident Attorney Today

If you have been involved in a car accident and believe that another driver’s negligence was to blame, it’s important to contact an experienced Florida car accident attorney as soon as possible. With over three decades of experience, our law firm can provide aggressive representation to ensure that your rights are protected and that you receive the compensation you deserve.

Whether you are facing medical bills, lost wages, or property damage, an experienced attorney can help guide you through the process and advocate for your best interests. Our firm offers free case reviews. Contact us today, and let’s get started.