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Your Rights When Hit By A Car In Florida by Alexjohn786: 9:49am On Jul 22, 2022
Car accidents can happen in the most unexpected places and at the most unexpected times, and you can never prepare yourself for them.

188,903 crash-related accidents have been documented in the sunshine state of Florida this year alone. Those accidents include nearly 120,000 counts of injuries and about 1,600 counts of fatalities. Those are just the numbers as of July.

As scary as those figures may seem, it's much more terrifying if you find yourself in the middle of one of these accidents.

This is why it's critical to know your rights when you get hit by a car in Florida. If you or a loved one has been involved in an accident, this blog will help you understand your rights to take the necessary steps to protect yourself and your interests.

Must-Know Auto Accident Laws in Florida

In Florida, all drivers are required by law to stop immediately after an accident and to remain at the scene until law enforcement arrives.

If possible, drivers must move the vehicles involved in the accident out of the way of oncoming traffic. After checking for injuries in all parties, the victim must report the accident to law enforcement.

All parties involved in the accident should exchange pertinent information such as name, address, contact information, driver's license information, and vehicle registration.

If there are any witnesses to the accident, you should also get their contact information. If possible, take photos of the accident scene, the damage to the vehicles involved, and any injuries sustained.

Unfortunately, some drivers will leave the scene of an accident, especially if uninsured or underinsured. If the driver who hit you takes off, do not try to chase after them.

Instead, try to get as much information about the car and the driver as possible. If there are any witnesses, get their contact information as well.

Statute of Limitations
There is a limited amount of time after an accident where you can file a lawsuit.

If you've sustained injuries due to the driver's negligence or if they're driving under the influence, you have up to four years from the date of the accident to file a personal injury lawsuit.

If the victim has passed away due to the accident, the surviving family members have two years from the date of death to file a wrongful death lawsuit against the at-fault driver.

If you do not file within that time frame, you will likely be unable to recover any compensation for your injuries or damages.

Comparative Negligence Law
Florida law follows the comparative negligence system or the pure comparative rule regarding car accidents. This rule permits an injured party to recover damages even if they were partially at fault for the accident.

Comparative negligence allows an injured victim to recover compensation even if they were partially at fault for the accident. Their percentage of fault will reduce the compensation a victim can receive.

Florida Insurance Requirements
As per state law, all Florida drivers must maintain a $10,000 Personal Injury Protection (PIP) coverage at a minimum amount. Additionally, they must also have $10,000 to cover property damages.

PIP is a type of no-fault insurance covering your medical expenses and lost wages regardless of who was at fault for the accident.

Damage Determination in Florida
In a no-fault state like Florida, your own car insurance will cover your medical expenses and lost wages up to your policy limit regardless of who was at fault for the accident.

However, if your injuries are serious and exceed the $10,000 PIP limit, you can file a personal injury lawsuit against the at-fault driver to recover compensation for your damages.

Protect Your Rights

These are some of the critical things you need to know about your rights when hit by a car in Florida. If you have been involved in a car accident, talk to an experienced Car accident lawyer to help you fight for your rights and get the compensation you deserve. Call us now for a free consultation.

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