What do you do when you come to an intersection? You’re probably not barreling through and hoping for the best. If this is your approach, you’re probably part of the reason 40 percent of U.S. traffic accidents occur at intersections.
Since you probably hit the brakes at red lights, stop signs, and look before turning into traffic, you may think you’re not at risk for joining the percentage of drivers involved in intersection collisions.
While you may be an extremely safe and cautious driver, it doesn’t apply to all Florida motorists. If you find yourself banged up after an intersection accident, you probably have plenty of questions about recovering financial compensation.
How Long Do I Have to File an Intersection Car Accident Claim in Florida?
Filing a personal injury claim after a Florida car accident takes some time. This usually isn’t something you can accomplish overnight. There’s a process to go through and some steps can take longer than others. However, even if this sounds daunting you don’t want to wait too long.
Like all other states, a statute of limitations applies. This is how long the state and insurance companies give accident victims to start the claim process. The clock usually starts ticking on the day the accident occurs. Essentially the statute of limitations starts the second the accident occurs. In Florida, you usually have two years to file a car accident claim. The time may only be a year if the accident claim is against a government entity.
To make sure you’re not missing any filing deadlines, it’s a good idea to partner with an experienced Florida vehicle collision lawyer.
Do I Need to Prove Negligence In an Intersection Accident Injury Claim?
Your car accident claim falls under personal injury law. This legal standard is essentially a huge umbrella covering just about any type of accident causing an injury.
If you’re injured at work, it’s a type of personal injury claim. So are slip-and-fall accidents and vehicle collisions in intersections. A key tenet of personal injury law is establishing negligence. This means you must be able to show the at-fault driver’s negligence is the direct cause of your accident.
Proving negligence isn’t as simple as pointing out that the other driver was speeding. Yes, speeding through a red light at an intersection is a type of negligence but you’re going to need more than just your word. You need to meet the four key elements of negligence, duty of care, breach of duty, causation, and damages:
- Duty of care. This is the duty everyone owes to each other to act in a way that doesn’t place others at risk. Motor vehicle drivers have a duty to follow all traffic laws.
- Breach of duty. You must show the other driver violated their duty of care. Speeding is an example, along with running a red light.
- Causation. You’re proving the other driver’s actions are directly responsible for causing your accident.
- Damages. You must show your damages can only be caused by the accident.
If you can meet these four elements of negligence, chances are, you can move forward with your accident claim.
Can More Than One Person Be Liable for My Intersection Car Accident?
Some vehicle accidents are complex, like ones occurring in intersections, and there may be more than one liable party. Multi-car pileups can be an example. Several drivers may be fully or partially liable for causing the car collision. When this happens, you’re usually dealing with comparative fault. This is another insurance rule Florida follows.
Comparative negligence assigns blame to all involved parties. You can be assessed anywhere from 0% to 100% of the blame. As long as your percentage of blame isn’t above 50%, you should be okay to try to recover compensation. However, your potential settlement amount is going to be reduced by your assessed percentage of fault. So, if you’re 25% at fault, you’ll receive 75% of your claim’s awarded value.
More than one person or entity can also be liable for your damages, without comparative fault coming into play. Sometimes, you can name multiple defendants in your accident claim. For example, a commercial tractor-trailer driver and a trucking company. Determining liability can be tricky, but your Florida accident attorney can help you navigate the process.
Should I File an Accident Report for a Minor Fender Bender in Florida?
Reporting an intersection accident to the police often seems a little silly if it’s only a minor fender bender. Your vehicle looks perfectly fine, and no one’s complaining of injuries. In this scenario, it may be legal to skip reporting the minor collision. Florida only requires immediate accident reporting when injuries and/or fatalities are present. If property damage exceeds $500, you need to report the vehicle accident.
If you can skip reporting the accident, it doesn’t necessarily mean it’s a great idea. Without your accident report, the insurance company may automatically deny your claim. You can file a report, up to 10 days after the accident occurs. Sure, this gets you out of waiting for the police to arrive but it can also hurt your potential car accident claim. Evidence is often lost. Witness memories get hazy, making it harder to prove your claim if questions pop up.
Does The Sunshine State Cap Damage Amounts on Vehicle Accident Claims?
Some states have caps on damage amounts. This means you can’t receive more than the cap regardless of your claim’s true value. Florida doesn’t cap economic or non-economic damage awards in most types of personal injury claims. Yep, this applies to your car accident claim.
Florida does cap damage amounts in medical malpractice claims at $500,000, but it’s not something that’s going to impact your vehicle collision claim.
Should I Hire a Florida Intersection Accident Attorney?
You’re not legally required to hire an attorney for a car accident claim. Some claims are pretty straightforward and the insurance company isn’t balking at paying. However, most intersection accident claims are complicated and a few insurance laws probably apply. This is when it’s usually best to work with an experienced Florida car accident lawyer.