While you may not be responsible for a spouse’s negligent actions, that doesn’t mean that you won’t face financial consequences. When your spouse gets into a car accident, your level of shared liability depends on the cause of the accident, your personal insurance, and Florida’s liability laws.
We’ll cover this important information and more, so that you can better understand what you’re facing. If a loved one’s been in an accident, aFort Lauderdale car accident attorney can help.
How Is Liability Determined for Florida Car Accidents?
Florida is a no-fault car accident state, which means every driver is required to carryauto insurance with personal injury protection (PIP). In an ideal situation, each person’s PIP would completely cover their medical bills and lost wages. However, serious injuries often require more substantial compensation than the insurance policy covers. In these cases, victims can pursue third-party liability claims or lawsuits.
Proving negligence means showing that four elements have been met. These are: duty of care, breach of that duty, causation, and damages. Negligence is usually determined through an investigation and evidence, like:
- Police reports
- Witness statements
- Surveillance footage
- Phone records
- Blood-alcohol tests
A Fort Lauderdale personal injury lawyer will typically conduct an investigation on behalf of their clients.
Understanding Spousal Liability in Car Accidents
While typically a driver is solely responsible for their own negligent actions, there are a few key exceptions. These include:
- When the car is for family use
- When they are acting under the orders of their spouse
- When their actions were due to a spouse’s actions, for example, if you were fighting in the car when the accident occurred
- When one spouse knew the other was behaving dangerously or recklessly, for example, you let your spouse drive despite them being drunk
In some cases, you may also be vicariously liable if you owned the vehicle that your spouse was driving. Thedangerous instrumentality doctrine holds owners of motor vehicles legally responsible when someone commits a dangerous act with their vehicle.
How does this work? Let’s say you let your spouse borrow your sports car, they speed while driving it and strike a pedestrian. You and your spouse would both be liable for the victim’s losses.
Shared Liability: What Happens When Both Spouses Are Involved?
Under Florida’smodified comparative negligence rules, a victim can pursue compensation when they are 50% or less at fault. Their recoverable compensation is reduced by their percentage of fault, though.
When liability is shared, then both you and your spouse may hold some level of comparative negligence. For example, your spouse was driving drunk, and the car started weaving. Then, you (as a passenger) attempted to correct the dangerous weaving by grabbing the steering wheel. Instead, you overcorrected and ended up in a collision. In this case, you both would hold some percentage of fault.
In cases where you have injuries from the accident, you may be eligible to sue your spouse. Florida does not have spousal immunity laws.
Can You Be Sued for Damages If Your Spouse Caused the Accident?
In some cases, yes, you can be sued for damages if your spouse causes a car accident. This is true in any of the situations outlined above. You may also be affected in situations when you and your spouse have joint assets.
It’s important when both spouses are drivers to understand your insurance limits and potential out-of-pocket risks. Having an umbrella insurance policy can give you peace of mind when it comes to situations where you have limited insurance coverage.
What If the Spouse Was Injured in the Accident?
If you or your spouse was injured in the accident, you may be eligible to file a personal injury claim or lawsuit. For example, if the accident was caused by a defective auto component, then you may be able to bring a claim against the manufacturer. Or if your spouse and another driver each held some level of fault for the accident, then both parties may be able to seek personal injury claims.
Personal injury protection (PIP) typically limits the amount of medical expenses and lost wages that can be recovered. They also do not account for non-economic losses likeemotional distress.
If your injuries meet the serious injury threshold, your claim may cover losses such as:
- Medical expenses
- Physical pain and suffering
- Loss of consortium, in cases where a spouse’s injuries prevent them from providing emotional support or taking part in physical household duties
- Lost wages
If Your Spouse Was Injured in a Car Accident, Call Us Now
When your spouse causes a car accident, the aftermath can be hectic. You may be worried about covering their medical bills while also fearing a lawsuit against your family from other accident victims.
Joint liability laws can be complicated, especially when a loved one is involved. Let the Florida car accident attorneys atthe Law Offices of Wolf & Pravato help you navigate your options and fight for fair compensation.
Call us today at (844) 643-7200 for a free consultation.
Liability for Spousal Car Accidents FAQs
If my spouse causes a car accident, will it affect my insurance?
If you and your spouse have a shared policy or if they were using your vehicle, then your insurance rates will likely go up. The amount of the increase will depend on the circumstances of the crash, such as the level of negligence involved.
Does joint ownership of a vehicle increase legal risk?
Yes, as you may then hold vicarious liability for the accident. Under Florida’s dangerous instrumentality doctrine, you may also be held liable for accidents involving the vehicle.
If my spouse was partially at fault, can I still recover damages?
Yes, Florida operates under a modified comparative negligence system. So as long as someone is less than 51% at fault, they can still recover compensation.
Does a shared liability car accident affect pain and suffering compensation?
Yes, when liability is shared, the amount of recoverable compensation is reduced by your percentage of fault. Our legal team will investigate to determine all liable parties after an accident.