Car accidents can result in tens (if not hundreds) of thousands of dollars in medical bills, lost wages, and car repairs. How is it decided who will have to pay for these damages and bills?
In Florida, it usually starts with personal injury protection (PIP). If you experience damages that add up to less than $10,000, it doesn’t matter who caused the accident. Florida car insurance will cover that amount and you won’t have to bring your case to court.
Unfortunately, this is rarely the case in chain-reaction crashes. Damages can stay relatively low if only one or two cars are involved. However, when three or four cars are in a crash, there is little chance that that the bills will stay under $10,000.
So, how does Florida determine who is at fault for a chain-reaction crash? They look to see what negligent behavior caused the auto accident.
Negligent Driving Behavior in Florida
It only takes a second for a driver to commit a negligent behavior and put themselves (and others) in danger. What does “negligent behavior” mean in terms of driving, though?
Drivers have a duty to follow certain rules of the road and practice safe driving. If they neglect to stick by these rules, they could have to front the bill for a serious accident.
Negligent behaviors on the road include:
Speeding
Swerving in and out of lanes without using a turn signal or looking for other drivers
This type of driving may also be called “reckless driving” or “careless driving.”
Negligent behavior only goes so far if it directly causes a car accident. Let’s see how this might play out in a case involving a chain-reaction crash.
Pretend you are Driver A. Driver B is behind you, and Driver C behind them.
Driver C rear-ends Driver B, causing them to rear-end you. The chain reaction crash racks up $150,000 worth of damage and medical bills combined for all three drivers.
In court, it turns out that Driver C was texting when they hit Driver B. Due to Driver C’s negligence, they will have to pay for all of the damages.
Of course, as any experienced Florida injury lawyer can tell you, it doesn’t always work out this way.
Comparative Negligence Could Prevent You from Getting Your Full Amount in Florida
Let’s stick to this example. If Driver C is the only negligent driver, then they will have to foot the bill and cover the damages.
However, what happens if Driver B rear-ended Driver A because they were also negligent? Does Driver C still have to cover their damages?
Not under Florida’s comparative negligence laws. If drivers file a lawsuit for damages, but partially contributed to those damages, they will only receive a portion of the compensation they asked for. For example, if a judge determines that Driver B and Driver C both equally contributed to the damages in the chain-reaction crash, they will most likely have to pay equal amounts of damages to the victims.
Collect All Information Before You Go to Court
Florida’s comparative negligence laws often encourage drivers to point fingers at each other in a crash and try to spread the blame around.
If you are involved in a chain-reaction crash, prepare for this type of finger-pointing and collect as much information as you can to defend yourself. With the help of a personal injury lawyer, you can get the compensation you deserve for any type of Florida car crash.
About the Author:
Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.
This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone. However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t [..]
Are you traveling with your children over spring break? Use these tips to keep your kids safe while you enjoy your family vacation. Prepping for Your Trip Since a trip to the emergency room is needed in a shocking 25 percent of all family vacations, it’s wise to prepare ahead of time for family safety. [..]
Did your child get a new bike over the holidays? Are they begging you to let them bike to school… but you’re feeling hesitant about it? Your worries are understandable. Florida can be a dangerous place for cyclists, and kids aren’t exactly known for being careful. However, children need to have some sense of autonomy, [..]
When you put your loved ones in a nursing home, you leave them in the trust of staff members who are supposed to be trained in caring for older adults. Who have a duty to make sure that the patients living in their facility get the help and attention they need. This is especially important [..]
Car accidents can result in tens (if not hundreds) of thousands of dollars in medical bills, lost wages, and car repairs. How is it decided who will have to pay for these damages and bills? In Florida, it usually starts with personal injury protection (PIP). If you experience damages that add up to less than [..]
For many people, the last night of the year is the most fun. You dress up, get together with all of your friends, have some booze, hit the clubs, and ring in the new year. What happens when your New Year’s Eve isn’t so fun, though? We’re not just talking about hangovers. Sticky floors, spilled [..]
No matter what type of sendoff you choose to give a deceased loved one, you want it to be respectful of them. This why many people turn to funeral homes – in the hope that they will show their loved one the care and dignity they deserve on their journey to their final resting place. [..]
You’ve probably heard the old superstition, “What you do at New Year’s is what you’ll be doing all year.” Well, a recent study by SmartAsset (a financial website) finds Florida drivers rank among the worst. Factors contributing to the rank included insured driver statistics, DUI data, and average fatalities per miles driven. SafeAuto.com also reported [..]
No one wants to spend the holidays in the emergency room, but every year about 500,000 US families are forced to do just that because of child injuries. Unfortunately, child accidents become much more common over the holidays, putting a damper on the season for Florida families, and potentially leading to serious – or even [..]
Electrical mishaps with Christmas decorations are a common theme of classic Christmas comedies. However, in real life, electrical hazards are nothing to laugh about. Electrical fires, such as those resulting from faulty holiday decorations, cause about 25% of all house fires. Moreover, Christmas tree fires are a leading cause of house fires around the [..]
Bars and advertisements for alcoholic products often encourage people to “drink responsibly,” but in some cases, the establishments or bartenders serving these drinks may be at least partially liable for a patron’s alcohol-related injury or death. Under certain circumstances, bars can—and should—be held responsible for over-serving patrons. Many states have “dram shop” laws (named [..]
The death of a loved one is traumatic and devastating experience— regardless of the cause. However, the ordeal can be especially upsetting if the death could have been avoided had it not been for the negligent actions of another. In Florida, surviving family members and loved ones may be able to recover compensation for [..]
Summertime is quickly approaching, which means barbecues, family vacations, and a lot of days sitting by the pool. While you and your loved ones enjoy the hot summer weather and cool water, it is important to keep yourself safe. In this post we will be focusing on swimming pool injuries and how to prevent them. [..]
Right now, all Florida drivers are required to have car insurance coverage that pays personal injury protection (PIP) benefits, but that may come to an end in 2019 if some lawmakers get their way. Florida currently operates under a “no-fault” system when it comes to paying insurance claims after a car accident. If a [..]
Car accidents can result in tens (if not hundreds) of thousands of dollars in medical bills, lost wages, and car repairs. How is it decided who will have to pay for these damages and bills? In Florida, it usually starts with personal injury protection (PIP). If you experience damages that add up to less than [..]
When you become a parent, every little decision regarding your child’s safety and development can become a hot debate. We’re not going to tell you how to raise your child, but we do have one piece of advice backed up with statistics from the AAP and NHTSA. When you are driving with your child, [..]
It’s not every day that you get into an accident and need to file a personal injury protection (PIP) suit. This type of litigation may be confusing to many, especially since PIP laws are constantly being debated and changed in Florida. However, it is possible for you to get through this process and receive [..]
Image: http://pixabay.com/en/dog-man-attacking-canine-training-78117/ When Pets Attack, They Can Cause Serious or Even Fatal Injuries Most people like dogs. How can you resist those adoring eyes, the wagging tail, and the warm, fuzzy head that seems to appear in your lap just when you’re feeling your lowest? So many Americans like dogs, in fact, that [..]
What are your chances of getting hit by someone driving a rental car in Florida? Every year, the state of Florida has 15 million active drivers on its many roads and highways. About 250,000 drivers end up in car crashes annually in Florida. Since almost 85 million visitors come to enjoy Florida every year, [..]
School is out, but that doesn’t mean your child has to be stuck at home for the summer with no structure and nothing to do. Summer camps are a great way to keep your child active, supervised, and having fun – while also allowing them to branch out. However, summer camps come with a lot [..]
This law firm helped me with my car accident case and helped me to get the most of the medical benefits that were needed after the accident, and gave me fair and helpful expectations on what I would recieve back for the pain and suffering after the accident.
My first time ever going through an injury case and they walk me through the entire thing, my guy Mr.Posner is very informative and display high professionalism.
When you are in need of professionalism and attorneys who care about you and your personal injury case, in the areas of Boca Raton and all of West Palm Beach, this is the law firm to contact.
Combine that with his caring and compassionate demeanor translates to this: Steve Slootksy and his law firm of Slootsky, Perez & Braxton are who you need in your corner when you need representation.
The Injury Law Firm of South Florida handles cases throughout Florida from their Fort Lauderdale office. Here is a list of some of the counties and cities we serve:
Martin County
Breeze Park, Jensen Beach, Jupiter, Sewall’s, Stuart Point Ocean.
St. Lucie County
Fort Pierce, Port St Lucie.
Lee County
Bonita Springs, Cape Coral, Estero, East Dunbar, Fort Myers, Fort Myers Beach, Sanibel.
Palm Beach County
Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, and throughout the greater Palm Beach area.
Broward County
Coral Springs, Deerfield Beach, Fort Lauderdale, Lauderhill, Hallandale, Hallandale Beach, Hollywood, Pembroke Pines, Pompano Beach, Margate, Miramar, North Lauderdale, Plantation, Sunrise, Tamarac, Weston, and throughout the greater Broward area.
Miami-Dade County
Aventura, Coral Gables, Hialeah, Kendall, Miami, Miami Beach, North Miami, South Miami, Beach, Sunny Isles, and throughout the greater Miami-Dade area.