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Negligence: Car Crash

Florida’s Comparative Negligence in Car Crashes

If you have been injured in a car crash, responsibility for your damages will depend on who was at fault. Florida operates under a pure comparative negligence standard, meaning that your recovery will be reduced by the percentage of negligence you contributed to the event that caused your injury. Negligence is established by proving:

Establishing negligence under state law

  1. The party that injured you had a duty to do or not do some specific act, but did not meet that duty.
  2. The individual’s failure to meet that duty caused your injury.
  3. Your injury caused your damages.

Proving negligence can be difficult. Although any video, pictures which may have been taken at the scene or other hard evidence can help prove your case. The drivers involved and witness statements are especially crucial to the outcome of your claim. If multiple parties are at fault, there will be several insurance companies involved.

As Florida is a no-fault state, first-party personal injury protection (PIP), no-fault benefits must be used first to pay your medical expenses and lost wages. PIP benefits paid will be deducted from the at-fault insurance company’s liability payment to you.

Florida auto insurance laws include:

  • Drivers must carry at least $10,000 in PIP insurance. PIP coverage pays all medical bills at 80% and lost wages at 60% up to the coverage amount chosen by the insured minus any deductible that the first party has elected. The third-party is responsible for the 20% and 40% not paid by PIP and all remaining medical bills and lost wages that are incurred and sustained due to the negligence of the driver causing the accident.
  • Drivers must carry at least $10,000 in Property Damage Liability insurance. PDL would pay for the other party’s property damage if you or someone driving your car caused the wreck.
  • Compensation for non-emergency injuries is limited to $2,500. If you suffer emergency injuries in a wreck, you are entitled to the full policy limit. If you sustain non-emergency injuries, you are entitled to $2,500 under your PIP insurance.
  • If you do not get medical treatment within 14 days, PIP benefits may not apply.

Victims cannot recover for pain, suffering, or emotional injuries unless they have sustained a permanent injury as a result of the negligence of another.

If you are involved in a car accident, NOTIFY YOUR INSURANCE COMPANY

Your insurance company requires you to report the accident to them, even if you think you were not at fault for the accident. You must also cooperate with your insurance company in the investigation of the accident. Never admit fault at the accident scene or make any agreement for payment.

It is best to hire an experienced Florida car accident attorney to handle your accident case, especially if you have serious injuries. Serious injuries can include head trauma, burns, deep wounds needing stitches, and other injuries requiring extensive medical care. Comprehensive injury claims often mean filing a lawsuit to get the compensation you need. At King Law Firm in Ocala, our local attorneys represent people who have been injured by the negligence of another driver. With roots in Marion County, Lake County, and Central Florida, our lawyers have backgrounds in law enforcement and criminal prosecution, drawing on these experiences daily in investigating accidents and preparing cases for negotiation or trial. Our Ocala personal injury firm is devoted to representing individuals and families involved in motor vehicle accidents involving cars, trucks, motorcycles, and other vehicles.


After an accident resulting in serious injuries, please consult with a lawyer from KING LAW FIRM by contacting our law offices. We can visit you at your home or hospital if necessary. Initial consultations are free. If we represent you, we will do so on a contingency basis. You will not owe attorney’s fees until we recover compensation for you.

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