Why does fault matter after a car accident in Florida?

On Behalf of | Jun 19, 2020 | Car Accidents |

Every state follows its own rules when it comes to personal injury claims. Florida is one of the few states that has what’s commonly called “no-fault” rules for car wrecks. Injured drivers are generally expected to pursue compensation for their injuries from their own insurance companies first before seeking compensation from the other party.

So, why does it matter who is actually responsible for a wreck? Your insurance may not cover all your damages. It’s still may be necessary to pursue a claim against the other party if:

  • Your injuries need long-term care
  • You have permanent injuries or scars
  • You develop a permanent disability
  • You can’t return to your job

The reality is that you may not even know how seriously injured you are until well after the accident is over. That bump on the head could turn out to be a traumatic brain injury. That “sore shoulder” could be dislocated and have torn ligaments that require surgery.

Plus, Florida is also a comparative negligence state. That means that any mistakes you made that may have contributed to your own injuries, such as not wearing your seatbelt, can be considered when a claim for damages is awarded. Whatever compensation you receive will be reduced by the percentage of the harm that’s deemed to be your responsibility.

Because of these reasons and others, Florida has some of the most complicated car accident laws in the nation. Even though it’s a “no-fault” state, a determination of fault can still be very important to your future when you’re the victim of someone else’s negligence. If you’re in a wreck, make sure that you call for assistance and get medical care right away. There will be time to speak with an attorney once your recovery has started.


attorneys Brad Culpepper and Brett J. Kurland