Determining Fault in a Car Crash in Broward County
There are thousands of car crashes on Florida roadways every year. They can be scary for you and your family, especially when serious injuries occur and costly repairs are necessary. You might be wondering: how will I pay off these medical bills? How will we make ends meet while my spouse is on medical leave from work? How will we keep our kids on track if we’re unable to pay for the repairs to our vehicle?
The important thing to consider is this: Who is at fault? If it was the other party or parties, you will likely be able to recoup some of those expenses through an insurance claim or, in some circumstances, a lawsuit.
Determining Fault
A driver is “at fault” if it could be reasonably construed that that driver owed you a duty of care and ultimately breached that duty. In driving incidents, that can mean the other driver failed to drive with proper care, including going over the speed limit, failing to yield at a stop sign, and more. This also includes things like being distracted by a cell phone or driving while under the influence.
Some other common examples of driver fault include:
- Cutting off other vehicles;
- Unsafe lane changes;
- Reckless driving; and
- Failing to stop at a signal.
In some cases, it is not the other driver that may be at fault. In product liability cases, an automotive manufacturer or vehicle part manufacturer may be at fault for a car crash. If the vehicle design is dangerous or does not stand up to reasonable crash standards, you may be able to receive compensation for such incidents. Some examples of this include a flawed SUV design that has a propensity for rolling over or faulty or lack of warnings or instructions for certain aspects of the vehicle.
How to Handle Uninsured At-Fault Drivers
The Florida Financial Responsibility Law (324.021) requires that any person at fault in a crash that results in injury and/or property damages must have insurance coverage. In essence, it is illegal to drive in Florida without proper car insurance. The insurance minimums, according to the state Department of Highway Safety and Motor Vehicles, in the state include:
- Bodily injury liability of $10,000 per person;
- $20,000 per crash;
- $10,000 property damage liability per crash; and
- $10,000 per person per crash for person injury protection
If you are unsure of how to work with your insurance company or feel the insurer is not adequately compensating you, contact the lawyers at Boone & Davis in Broward County. Our attorneys are prepared to assist you in recovering compensation for your injuries.
