Car Accident Florida

Car Accidents Florida

Accidents are part of our daily lives and whatever measure be taken, accidents do take place. The main reasons for car accidents are found to be over speeding, reckless driving and lack of attention.

Speeding is a dangerous reason for an accident. However, the number of accidents due to lack of attention is also growing. The reasons for this may vary from use of cell phones while driving to using a camcorder, but the outcomes are always not very pleasing. On annual average, more than 6 million car accidents take place on the roads of the US. In more than half of all car accident fatalities, not wearing their seat belts is the reasonNumerous automobile accidents occur due to the driver of the automobile in question is engaged in a discussion or conversation with the passengers while driving or playing with the radio while driving. Eating or drinking while driving is another major reason. The other major reason is talking on cell phones while driving and 25 % accidents occur due to this. A case of personal injury or a wrongful death claim, as the case may be can be filed by the injured. Various types of car accident injuries include brain injury, injury to the spine, neck injuries, fractures and broken bones, head injuries, etc. The law provides emoluments and claim benefits to the injured, in any of the following cases • When the injury is a direct result of the car accident. • The accident took place due to the fault of some other person, and not the injured. Proving negligence is the first step, for a valid personal injury claim since the law does not allow you to be compensated for your own fault. If fault can be established, compensation and damages for the following can be filed: • Medical expenses for treatment of your injuries. • Any future medical costs. • Compensation for actual loss of wages. • Loss of future wages. • Compensation for loss of enjoyment of life. • Damages for mental pain and anguish. Wrongful death’s claim can be filed for the death of near ones.

However, the rules are limited to some special relations as well as to certain cases. Financial dependency and relation factors are taken into account while determining the case. However, one has to establish the fact that the death was caused due to the negligent actions of the defendant and happened because of the car accident. In a wrongful death claim, you claims can be filed for the following • Loss of companionship • Loss of sexual relationships • Actual financial losses, if the person killed was the provider of the household or you were dependant on them financially. • Mental pain and suffering etc. Florida Car accidents

The knowledge of basic car accident florida court laws is helpful for those who want to claim against a car accident.

The Florida laws have warned the motor vehicle operators to take reasonable care while the vehicles are in operation. The clause of reasonable care makes drivers accountable for personal or property injury and. Florida state law terms a driver's failure to use reasonable care as “negligence”.

Negligence is considered to be the first requirement for a lawsuit against car accidents. Once negligence is established , it has to be related to the accident and the cause of accident. "Causation," in a legal sense, can be a complex issue, but suffice it to say that if the negligence of the party resulted in the injury to person or property for which you have sued, causation exists.

Finally, in order to maintain a suit one has to prove that he/she has suffered damages. Damages may include economic injury, such as lost income or wages, medical and funeral expenses, lost support and services, replacement value or repair costs of personal property damaged in the accident. Furthermore, damages may also include non-economic injuries such as pain, suffering, mental anguish, and inconvenience as a result of bodily injury which, has resulted due to the accident.

Florida State has passed a “No-Fault” law. A "No-Fault" law requires the plaintiff’s auto insurer to pay for non-economic damages, regardless of who caused the accident. This law is enacted as a way to reduce auto-injury fraud, thereby keeping insurance costs down. The exceptions to the "No-Fault" law, one may collect non-economic damages from the at-fault party if he/she can establish (prove) that the bodily injury resulted in: 1) A significant and, or permanent loss of important body organ 2) A permanent injury; 3) A significant and permanent scarring or disfigurement; or 4) A death.

If the defendant can establish that the plaintiff’s actions contributed to the accident, the court might reduce the damages claimed. This, the "comparative negligence," holds that a court can reduce your damage award by the percentage for which a jury found you responsible for the accident.

The reduction of damage can also be awarded by any amounts you might have received from public or private insurance. Under this rule, known as the "Collateral Source Rule” the amount taken from the insure is directly deducted from the claimed damage amount.

Statute of limitations

The Florida courts permit claims for an accident, within a period of four years from the date of actual accident. The plaintiff, hence, must consult a lawyer or an attorney regarding the prospects of claim, once he/she thinks that a claim for damage is possible for the accident.

Parties you can sue

According to car accident florida laws one can sue not only the operator of the vehicle, but also the owner of the vehicle, or the employer of the operator of the vehicle. The pre requisite is that, the operator should be proved working in his capacity as an employee. However, there are circumstances exist when the owner of the vehicle may not be sued. According to the Florida state laws, legal title to a car is not sufficient to establish ownership. To prove ownership one should be able to prove that the party has control and authority of the automobile's use. An owner who is the long-term lesser of the automobile, again, can’t be sued.

Automobile Insurance

An identified bare minimum amount with regards to automobile liability insurance coverage for all automobiles registered in the state is mandatory in the state of Florida. Liability insurance typically covers the cost of property damage. But that is also dependent on the terms of the individual policy. This includes the cost of repair or replacement for any property damaged as the result of an accident. Liability insurance covers medical bills and lost wages as a result of bodily injuries incurred in an accident, too.

A minimum of $ 10,000 must be insured for one person in an accident while for all injured, the minimum amount to be saved is $ 20,000. Plus, a minimum $10,000 in coverage for property damage should also be saved. The Florida law also mandates $10,000 in coverage, in an accident with an uninsured, underinsured, or hit-and-run driver. One can, however, waive this requirement off through a written request to the insurer.

Additional insurance coverage, apart from the above mentioned mandatory coverage can also be purchased. Any excess damage due to negligent driving can cost the additional damages, out and above the insured coverage. Thus, purchasing additional coverage to protect one’s personal assets in case of a suit is advisable. The major three types of additional insurance coverage include Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. The Basic Reparations Coverage is applicable to an at-fault driver without a medical insurance. It covers bodily injury and medical expenses. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, the Comprehensive Coverage pays take charge of the damages to a vehicle that is exclusive of collision. That includes damages caused by theft, vandalism, flood, fire, and explosion.