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ToggleThe legal responsibilities of drivers involved in car accidents include stopping, helping anyone who was hurt, and identifying yourself. Under certain circumstances, the driver is also required to call local law enforcement to the scene. You must also exchange required information—license, registration, and insurance—when requested by police.
A car accident can be frightening and traumatic, making it hard to know what to do at that moment. If you were injured in a recent accident, a car accident lawyer can clarify your rights and responsibilities. They can also help you understand the at-fault driver’s obligations, including how you can recover damages for your injuries and related expenses.
Do Not Risk the Potentially Costly Penalties of a Hit and Run
A car accident has two stages that require your action—immediate aftermath and the follow-up. In the immediate aftermath, you must report the accident to the local police and file an official report. Per Florida Statutes § 316.065, a report is mandatory if:
- Anyone in either car was injured or killed
- The readily apparent damage is at least $500
In addition to damaging your driving record, leaving the accident scene without accepting responsibility or rendering aid is a criminal offense.
Your follow-up after the accident will deal with your physical recovery and personal injury claim. In the days and weeks following the accident, keep getting the necessary medical care. You can also start gathering information and collecting reports that will allow you to pursue financial damages.
What if the Other Car Was Empty and the Other Driver Was Not Around?
If an accident involves a parked or otherwise unattended vehicle, the at-fault driver is still required to remain at the scene. They could also leave a note identifying themselves and their insurance provider to the vehicle owner. Failure to do so is considered a hit and run.
Why Is a Police Report Required and Important?
Auto accidents can be observed from various positions. The drivers involved, other drivers on the road, and pedestrians each may have a unique perspective on the car accident. In addition to collecting witness accounts from these varying viewpoints, a police report captures objective details and data for an accident claim, such as whether the liable party was under the influence of drugs or alcohol. The official accident report will contain crucial contact details for all drivers and each insurance company. Finally, it will include police-generated photos, videos, notes, traffic law violations, and diagrams.
Exchange Only the Required Information—Then Let a Lawyer Speak for You
Once police arrive at the scene of the accident, they will ask for the requested information from each driver. They may also summon and speak to any witnesses who came forward, medical first responders, and tow truck operators.
Beyond exchanging information, do not argue with the other involved driver, place or accept fault, or say anything that might later be misconstrued. Similarly, you should avoid posting photos or remarks about the accident on social media outlets. If a personal injury lawyer represents you, they will speak for you, handling all verbal, written, and other forms of communication with the insurance adjusters.
A Car Accident Attorney Can Collect Evidence
If you were hurt in an accident, eyewitness statements and police reports are only the beginning of a collection of evidence that can lead to compensation. Your legal team will also collect the following:
- Medical records attributing your injuries to the accident
- Blood alcohol content (BAC) test results, if warranted
- Accident reconstruction reports and traffic cam footage
Additional evidence will prove the accident’s costs, including proof of income and vehicle repair and replacement estimates.
Florida Drivers Are Required to Have Personal Injury Protection (PIP) Coverage
Per Florida Highway Safety and Motor Vehicles (FLHSMV) guidelines, PIP will cover many of your immediate expenses, including medical bills and lost wages. You can recover additional damages if:
- Your damages exceed PIP’s limitations
- Your accident injuries are deemed catastrophic
A motor vehicle accident lawyer can help you report your accident and tap into the benefits of your PIP insurance policy. They can also gather financial and medical evidence that proves your right to file a third-party insurance claim or personal injury lawsuit, per Florida Statutes § 627.737.
Keep in mind that you only have two years to take action before the statute of limitations, Florida Statutes § 95.11, expires on your case.
Compensation You Can Request From the At-Fault Driver
If your injuries meet the serious injury threshold, the driver whose negligence caused your accident is legally responsible for:
- Medical bills
- Income loss
- Pain and suffering
- Disability
- Disfigurement
- Mental anguish
- Emotional anxiety
- Property damage
- Property loss
While your lawyer will play a key role in dealing with the insurance company, they will not make the final settlement decision. Instead, they will weigh each offer and guide you toward the best possible financial recovery.
Call (954) 633-8270 for Your Free Car Accident Consultation
After a car accident, you need to know what your rights are. You also need to know the legal responsibilities of drivers involved in car accidents. At the Law Offices of Wolf & Pravato, our law firm can help you understand the accident’s aftermath and the steps you need to take toward financial recovery.
Learn more by contacting one of our consultation team members today.