With more people traveling for the holidays this time of year, the risk of an accident taking place is often also higher. Sometimes, no matter how careful of a driver you are, it is impossible to account for all possible scenarios or circumstances because others may be negligent or reckless on the road. Thus, in the event of an accident, it is crucial to know how to best protect yourself and what steps to take moving forward if you decide to pursue legal action after a car collision.
According to a recent local news report, Florida Highway Patrol troopers arrested a driver after a major accident. Local authorities reported that a Chevy was traveling northbound when it went around a semi-tractor and slid into the right lane to do so. While in the right lane, the Chevy collided with the back of a Kia. The impact from the crash split the Kia’s left rear and side open as the car veered off the roadway and onto the right shoulder before flipping upside down. The KIA then slid into a grassy area near the road, where four passengers who were in the back of the vehicle were ejected. The driver and his front-seat passenger survived the crash and were treated for minor injuries, while two of the passengers in the back were pronounced dead at the scene and the other two passengers were severely injured.
The crash was so severe that fire officials had to extricate the driver and front-seat passenger from the wreckage. According to troopers, evidence from the accident indicates that this was a high-speed crash, with the Chevy driving much faster than the speed limit. In addition, the driver refused to participate in a field sobriety test, and troopers believe that the crash was alcohol-related. The accident remains under investigation.
Following a major car accident in Florida, you may be considering filing a lawsuit to recover compensation for your injuries or property damage. Before doing so, it is crucial to understand Florida’s fault rules and laws, because it may affect whether a legal claim is worth pursuing.
Florida operates under a comparative negligence framework when it comes to accidents. In cases where the other driver was wholly at fault for causing the accident, the at-fault party, through their insurance provider, will compensate you for your injuries and any expenses incurred from property damage or medical expenses.
If you were partially at fault for causing the accident, however, the calculus changes. In Florida accident cases where the parties have to share blame for causing an accident, the jury calculates both the amount that the plaintiff will receive in damages and the percentage of fault that should be allocated to each party involved in the collision. Under this “pure comparative fault” rule, the plaintiff’s compensation is then reduced by the percentage that the jury determines is equal to their share of the fault.
Do You Need a Florida Accident Attorney?
If you or someone you know was recently involved in a Florida car accident, contact the attorneys at Friedman Rodman Frank & Estrada today. Our lawyers fight for the injured and will work to get you the compensation you deserve. To speak with a member of our team for free today, contact us at 877-448-8585.