I Was Injured In A Car Accident, How Do I Know If The Other Driver Was Negligent or Reckless?

Friday, April 28, 2017
I Was Injured In A Car Accident, How Do I Know If The Other Driver Was Negligent or Reckless?
 

Motor vehicle accidents can be minor or serious, but no matter what they take only a moment. Even though the accident happens in a few seconds, the repercussions of an accident can last a lifetime.

If the motor vehicle accident you were involved in was caused by the negligent, reckless, or careless vehicle operation of another person, Draper Law Office can help. But how do you know if the other driver was negligent or reckless? And when does it affect recovery in a case?

Florida's No-Fault Car Insurance Laws

It is important to understand that in automobile accident cases, Florida follows a no-fault system. This means that after most traffic accidents, the insurance company of the injured person will pay for their medical expenses and lost income regardless of who was at fault for the accident.

The Florida Motor Vehicle No-Fault Law requires that all Florida residents who own a motor vehicle purchase Florida Personal Injury Protection (PIP). PIP benefits are paid by the insured's own insurance company, regardless of who was at fault in the accident. PIP pays for 80% of medical bills and 60% of lost wages, up to $10,000.

The Florida Office of Insurance Regulation explains PIP rights and benefits in their Notification of Personal Injury Protection Benefits.

In limited circumstances a person may be able to file a claim outside of the no-fault system.

The "Serious Injury" Threshold of Florida's No-Fault Rules

If the accident caused you to suffer permanent injury, significant and permanent scarring, or disfigurement, you may be able to pursue a claim against the other driver and hold him liable for causing your injuries.

Negligent or Careless Driving in Florida

Negligent driving in Florida is typically referred to as "careless driving" and may result in civil liability for injuries caused by the driver. Careless driving means the driver failed to use reasonable care when operating their vehicle. If the other driver in your accident is cited for Careless Driving, this may help you recover in your personal injury case.

Reckless Driving in Florida

In Florida, reckless driving is the operation of a motor vehicle in a manner that demonstrates a "willful or wanton disregard for the safety of persons or property." § 316.192 Fla. Stat. (2016).

Reckless driving in Florida is a crime, and a conviction for it comes with penalties including jail time and fines. If the other driver in your accident is convicted of reckless driving, this may help you recover in your personal injury case.

Recovery For Your Injuries

The attorneys at Draper Law Office can help you in the recovery of property damage to your vehicle, as well as for medical bills, lost wages, and other related expenses. In the case of serious injury, we can help you recover damages you may also be entitled to, including pain and suffering, physical impairment, scarring, disfigurement, and diminished capacity for the enjoyment of life.

Contact Draper Law Office today to find out exactly what you and your loved ones are entitled to after a motor vehicle accident in the Central Florida area. Our offices are conveniently located in Orlando, Kissimmee, and St. Cloud to best serve you.

For more information about your legal rights after an auto accident, call us now at (866) 767-4711 or contact us through our online contact form.

 
  
 
Draper Law Office

4/28/2017

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