7 Reasons the Other Driver Could Be Liable for Your Florida Car Accident
If you’ve been in a Florida car accident, one of the questions you might be asking is, “Was the other driver at fault?” This is an important question even in a no-fault state like Florida because your Personal Injury Protection (PIP) benefits have their limits. If your injuries are serious, you may be able to file a personal injury claim against the driver who caused the accident.
Filing a personal injury claim in Florida requires evidence that the other motorist caused the accident. Below are seven common reasons the other motorist may be responsible for your Florida car accident.
1. Distracted Driving
Distracted driving is a leading cause of accidents in Florida. Distracted driving involves engaging in another action, such as talking on the phone, while behind the wheel. If the other driver wasn’t paying attention, they could be responsible for your accident.
2. Speeding
Speeding is not just a violation of the law, but it also reduces reaction time and increases the severity of accidents. If you were hit by a driver who was going above the posted limit or driving too fast for the weather or traffic conditions, you may be entitled to seek compensation from their insurance company.
3. Impaired Driving
Driving while impaired by alcohol or drugs is a common problem in Florida. Impaired driving slows reaction time and affects judgment. If a drunk driver caused your accident, you can hold them accountable.
4. Running a Red Light or Stop Sign
Many accidents at intersections happen because motorists run red lights or fail to stop at stop signs. If you were hit by a driver who ran a red light or stop sign, witness statements, traffic camera footage, and the police report can help you establish liability.
5. Tailgating (Following Too Closely)
Under Florida Statutes section 316.0895, a driver should not follow another vehicle more closely than is reasonable and prudent. Tailgating can significantly increase the risk of a rear-end collision. If you were rear-ended by a driver who was tailgating you, you may be able to hold them liable and recover compensation.
6. Failure to Yield
Drivers in Florida are required to yield the right of way in various situations. For example, a left-turning driver must yield the right of way to oncoming traffic from the opposite direction, as well as to any vehicles lawfully passing on the left. If the other driver failed to let you pass when you had the right of way, they could be liable for your accident.
7. Poor Vehicle Maintenance
Drivers are responsible for ensuring their vehicles are in good condition. If failing brakes, worn-out tires, broken headlights, or other mechanical issues contributed to your accident, the other driver may be held liable for failing to maintain their vehicle properly.
Recoverable Damages
In Florida, proving the other driver was responsible for your accident and injuries can help you recover compensation for:
- Medical expenses not covered by PIP
- Future medical expenses
- Full lost wages
- Loss of future earning capacity
- Pain and suffering
- Other economic and non-economic damages
Contact Us for Legal Help
If you were injured in a car accident in Florida, contact our skilled Miami car accident attorneys at The Pendas Law Firm to discuss your case.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Jacksonville, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.