Legal Recourse for Victims After Careless Driving in Florida

While Florida’s roadways are scenic, they can also become unexpected accident scenes. If you’ve been injured due to careless driving in Florida, it’s natural to feel uncertain about your next steps, especially when damages, injuries, and mounting expenses are on your mind. At Personal Injury of Florida, we recognize that solid direction, actionable steps, and compassionate support are what you need to confidently pursue your personal injury claim. This article serves as a first step, in defining what careless driving is, and what your legal recourse is, so you can secure the compensation necessary to heal and rebuild your future.

What Exactly is Considered Careless Driving in Florida?

Florida Statute 316.1925 defines careless driving as operating a vehicle without ordinary or reasonable care, encompassing more than just reckless actions.

Examples of Careless Driving in Florida

• It’s more than just phones. Eating a burger, fiddling with the radio, or even a lively conversation can take your focus off the road.
• We’ve all seen it – tailgating, weaving through traffic, speeding are all examples of careless driving.
• Failing to adjust to conditions. This means not modifying speed or following distance for rain, fog, poor road surfaces, or construction zones.
• Disregarding traffic laws and flow, such as ignoring traffic signals, failing to yield, or improper merging.
• Operating a vehicle without proper registration or insurance, or driving with known safety defects.

What Are Your Legal Options After a Careless Driving Accident in Florida?

After a careless driving accident in Florida, your primary goal is to seek just and full compensation for your injuries and losses. There are a few ways you can go about this:

Note: As of March 2023, Florida shifted to a modified comparative negligence system, also known as the “51% bar rule.” You can recover compensation even if partially at fault, but if you’re deemed 51% or more responsible for the accident, this will prevent you from recovering any damages.

1. Pursue An Insurance Claim As The First Step.

The most common step after a personal injury in Florida is to file an insurance claim, usually starting with your own Personal Injury Protection (PIP) insurance. Florida law mandates PIP coverage for all drivers, providing no-fault benefits for immediate needs.

• Starting with PIP. Coverage (up to policy limits, often $10,000) can quickly help cover your initial medical bills, lost wages, and even certain death benefits, regardless of who was at fault for the accident.
• Pursuing a Liability Claim Against the At-Fault Driver. This requires demonstrating that the other driver’s careless actions caused the accident and your injuries. Through this liability claim, you can seek compensation for the full extent of your losses, such as medical expenses (past & future), lost income (past & future), pain and suffering, property damage, and other related out-of-pocket costs.
• Considering Uninsured/Underinsured Motorist (UM/UIM) Coverage. If the at-fault driver lacks insurance or has insufficient coverage to fully compensate you, your own UM/UIM policy can be a critical source of additional recovery, provided you have this coverage.

2. File a Personal Injury Lawsuit When Further Action Is Needed

If the insurance claim process fails to yield a fair settlement that adequately addresses your needs, your claim is unjustly denied or the damages exceed policy limits, negotiations stall or you need to meet Florida’s statute of limitations deadline, taking further legal action through a personal injury lawsuit is often required. A lawsuit allows you to present your case directly to the Florida civil court system and seek a legally binding judgment for compensation.

• Litigation Is Complex. Pursuing a lawsuit involves detailed legal procedures, extensive evidence gathering (potentially including depositions, expert witnesses, and court hearings), and skilled legal arguments. It’s a more formal and often more adversarial process than the insurance claim stage.
• Why You Need Experienced Legal Counsel. Going through a personal injury lawsuit in Florida requires a lot of resources. Having experienced attorneys, like Personal Injury of Florida, are not just helpful, but often critical to your success. This is because experienced counsel can handle all of the legal processes, build a robust case, and negotiate fiercely for you in court.

Get The Legal Support You Deserve After Careless Driving – Call Personal Injury of Florida Now!

If you or a loved one has been injured due to careless driving in Florida, don’t delay in seeking qualified legal guidance. Personal Injury of Florida is here to provide the expert support, compassionate understanding, and aggressive advocacy you need during this challenging time. Contact us for a FREE, no-obligation consultation at 561-507-5700, and let us help you get back on your feet, protect your rights, and secure your future.