Do I Have A Personal Injury Claim If I Was Injured In A Parked Car?
When someone is injured in a car accident in Florida because of another driver’s negligence, they have the right to file a personal injury claim and recover compensation. But do you have a personal injury claim if you were injured in a parked car? Well, if you were injured in a parked car in Florida, you might have a personal injury claim. It is crucial that you reach out to a qualified personal injury attorney who can assess your case and advise you accordingly.
What To Do After Another Driver Hits Your Parked Vehicle
If another driver hit your parked car while you were inside and you suffered injuries, you should reach out to an attorney as soon as possible. Apart from that, it is crucial that you take pictures, collect witnesses’ names and contact information, and exchange information with the other driver if they are still at the crash scene. Additionally, you should seek medical attention immediately. Even if your injury seems minor, ensure you see a doctor. Sometimes, serious injuries start as minor injuries.
Proving Liability After Getting Injured in a Parked Car
After reaching out to an attorney, they will assess your case and help you determine if you have a valid personal injury claim. If you do, your attorney will help you file your claim and prove that the other driver is at fault for hitting your parked car and injuring you. Just like it is with any other car accident case, to prove fault on the part of the other driver, you need to show that they were negligent.
When a driver is driving near a parked car, they have the responsibility to, among other things, keep a safe distance and avoid speeding. If, for instance, the other driver was speeding, they are liable for your injuries and damages.
Comparative Negligence Rule in Florida
Just as with any other car accident case, the comparative negligence rule will apply in your case if you were injured in a parked car. If, for example, you were illegally parked, you may be held partially liable for your injuries. Fortunately, the comparative negligence rule Florida follows allows you to recover compensation even if you are partly to blame for your injuries. However, if the other driver is not entirely to blame for your injuries, the amount of compensation you recover will be reduced by your percentage of fault.
What if the Other Driver Fled the Scene?
If you were injured in a parked car by a negligent driver and the driver left the scene, the police might be able to help you locate the hit-and-run driver. However, if it proves impossible to identify the hit and run driver, don’t panic, as you may have options to recover compensation. An attorney can help you file your claim against your insurer if you have uninsured motorist coverage (UM). This type of coverage covers a person’s injuries and damages if they are hit by an uninsured driver or a driver who flees the scene, never to be identified.
Contact Us for Legal Help
If you were injured in a parked car by a negligent driver in Florida, our Miami personal injury attorneys at The Pendas Law Firm are here for you.
The Pendas Law Firm also represents clients in the Orlando, West Palm Beach, Ocala, Tampa, Jacksonville, Bradenton, Daytona Beach, Fort Myers, and Fort Lauderdale areas.
