Accidents can happen no matter how careful you are. Accidents can happen regardless of how careful we are.
In Florida, if you’re a passenger riding in a vehicle you can expect the driver to drive it with caution and responsibility. Under certain circumstances, if the driver is reckless and causes an accident that leaves you injured, they may be liable for your damages.
Establishing Negligence in a Lawsuit
In order to win a personal injury case, you must prove that negligence played a role. In order to prove negligence in a lawsuit, there are four elements or factors that make up the legal concept. They are
- As a passenger, the driver had an obligation of care to you. The driver has a duty to drive with caution and care as a passenger to ensure you as well as the safety of all other drivers. All drivers have an obligation of care to each other as well as anyone in their vicinity.
- The passenger was not treated with care by the driver. A driver who was reckless or illegally acted violated their duty to you.
- The accident was caused by the breach. The driver must have been involved in the accident that caused your injury. It is not enough that the driver was involved in an accident that resulted in your injury.
- There must be damages. Injuries or harms inflicted on you in some manner must result in damages.
It is important to consult with an experienced Personal Injury Lawyer in order to determine if there was negligence and if a driver at fault can be held responsible for your injuries.
Florida No-Fault Laws
Anyone who owns a vehicle in Florida is required to carry a minimum of $10,000 of personal injury protection insurance. If you are injured and have personal injury coverage, then you must first file a claim for damages with your PIP coverage. You can file a claim with the driver of the car you were in if you don’t own a vehicle, do not have PIP insurance, and nobody else in your household has it.
Filing a Lawsuit Against a Driver
If your injuries are above the threshold for no-fault, you can file a lawsuit against the driver of the vehicle. You can also sue for non-economic damage such as pain and discomfort.
In Florida, injuries that cause harm are required to meet the threshold for no-fault.
- Significant and permanent loss of a vital bodily function
- Permanent injury that is within the range of medical possibility, but not scarring or disfigurement
- Disfigurement or scarring that is permanent or significant
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a car accident attorney in St Petersburg. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.
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