In 2023, 391,428 vehicular accidents occurred in Florida. 250,037 people were injured in crashes and there were 3,331 deaths. In 2023, Florida bicycle accidents reached an all-time high of 8,323.
Given this sizable number, it is vital for every Florida resident to familiarize themselves with how the state’s automobile accident laws work. The following is a brief summary of what one needs to know about auto accident regulations as a Florida driver in 2024.
Reporting a Florida Car Accident
When involved in a Florida car accident, follow these steps:
- Stop Your Vehicle: Always stop as close to the accident scene as possible without blocking traffic.
- Stay and Assist: If anyone is injured, you are required by law to stay at the scene and help.
- Exchange Information: Exchange names, addresses, vehicle registration, and insurance information with all parties involved and with the law enforcement officer at the scene.
- Collect Additional Information: While not legally required, it is wise to get names and contact information from witnesses, note weather and road conditions, and take photos of the scene and damages to support your insurance claims.
Florida Insurance Requirements
Florida imposes minimum insurance requirements:
- Personal Injury Protection (PIP): At least $10,000 in PIP coverage, paying for 80% of the policyholder’s medical expenses incurred within 14 days of the accident.
- Property Damage Liability (PDL): At least $10,000 in PDL coverage, paying for damage to another person’s property when the policyholder is at fault.
No-Fault Car Insurance State
Florida follows a “no-fault” insurance system. This means those involved in crashes file initial claims with their own insurance providers. PIP coverage pays for the policyholder’s injury-related medical bills regardless of fault, up to the PIP policy limits. Only if a victim sustains “permanent injuries” can they file pain and suffering claims against other parties.
Statute of Limitations and Auto Accident Cases
Florida’s statute of limitations for auto accident cases is:
- Personal Injury: Two years from the day of the accident.
- Wrongful Death: Two years from the date of death.
- Uninsured At-Fault Driver: Up to five years, with certain conditions such as first using PIP benefits.
Comparative Negligence Rule
Florida’s comparative negligence rule allows injured victims to seek compensation even if they share some fault in the accident. Since 2023, Florida now uses the “50 Percent Bar Rule,” meaning one can get damages if they are less than 50% at fault. If a person is 50% or more at fault, they will not receive any compensation.
Rear-End Presumption of Negligence
In Florida, if a person rear-ends another vehicle, they are generally presumed to be at fault due to the requirement to maintain a safe following distance.
Reporting an Auto Accident
Not all minor accidents need to be reported, but one must report any crash involving injuries, death, or property damage over $500 to local law enforcement promptly.
Teen Driving Laws
Florida has specific rules for teen drivers:
- 16-Year-Olds: No driving between 11 PM and 6 AM unless accompanied by a licensed driver at least 21 years old or driving to/from work.
- 17-Year-Olds: No driving between 1 AM and 5 AM under similar conditions.
Legal Assistance
Navigating Florida’s car accident laws can be complex, but legal help is available. For those needing legal advice, consulting with an experienced personal injury/car accident attorney can provide clarity and support in managing a case effectively. The legal team at Caserta & Spiriti, PLLC, is available for consultations to discuss rights and options following an auto accident.
Understanding these laws ensures a Florida resident is prepared in the event of an accident, helping to protect their rights and streamline the process of handling insurance claims or legal proceedings.
The foregoing is a brief and general overview of the topic.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.