If a driver cuts you off and causes an accident, you may be able to file a claim against them. However, since Florida is a no-fault state, your ability to do so depends on the severity of your injuries.
In this article, we’ll explain how negligence works in personal injury claims and how aFort Lauderdale car accident lawyer can help you seek fair compensation.
What Is Cutting Someone Off While Driving?
“Cutting someone off” refers to another driver entering the lane in front of you, typically at high speeds, and leaving very little room between your vehicles. In some cases, this may mean that you need to hit your brakes or otherwise react to avoid bumping into their car.
In some cases, this can result in an accident. For example, if you are unable to react in time, you may get into a rear-end collision with the driver who cut you off. In other cases, you may be able to brake in time to avoid hitting the driver who cut you off, but that action may cause another car to strike your vehicle.
This type of aggressive lane change is common in congested areas of Fort Lauderdale, particularly near I-95 on-ramps, busy intersections like Sunrise Boulevard and US-1, and around commercial centers where drivers frequently jockey for position.
Cut-off collisions often occur too quickly for a dashcam to capture everything clearly, making immediate investigation vital. Skid marks, vehicle damage location, and witness accounts can all help recreate the scenario and determine fault.
Is Cutting Someone Off Illegal?
While cutting someone off while driving isn’t explicitly illegal, it can be considered negligent or reckless driving. To be successful in a personal injury case, you must prove that another driver’s negligent actions directly led to your injuries. If there is evidence that the other driver cut you off and that it was done in an unsafe or careless manner, then you may be able to prove negligence.
Helpful evidence to prove negligence includes:
- Surveillance footage
- Witness statements
- Police reports
- Accident reconstructionist testimony
AFort Lauderdale personal injury lawyer can help you gather evidence and build your case. Even if the other driver never made contact with your vehicle, they can still be held accountable for triggering a crash. Florida law recognizes “no-contact” accident claims if the other party’s reckless maneuver caused a chain of events that led to your injury.
Florida Statutes § 316.192 defines reckless driving as operating a vehicle with willful disregard for the safety of persons or property. A sudden, dangerous lane change without signaling or checking blind spots may fall under this definition.
When Can You Bring a Claim?
After an accident in Florida, your insurance policy’spersonal injury protection (PIP) coverage will kick in before anything else.Every Florida driver is required to carry a minimum of $10,000 in PIP. This covers necessary medical expenses and lost wages. However, your coverage can quickly be exceeded when you have serious injuries.
When your injuries meet the “serious injury threshold,” then you can bring a personal injury lawsuit against the driver who cut you off. Some injuries that may meet this threshold include traumatic brain injuries, spinal cord injuries, scarring and disfiguration, and internal injuries. With this, you can seek compensation for losses like medical bills, emotional distress, physical pain and suffering, and diminished earning capacity.
Florida’s “serious injury threshold” is defined underFlorida Statutes § 627.737. You must show that your injuries involve permanent loss of a bodily function, significant disfigurement, or death. This is a high legal bar, so documentation from specialists and consistent medical care are crucial.
An attorney will work with your healthcare providers to obtain expert evaluations that clearly connect your injury severity to the crash. This helps defeat attempts by insurers to claim your pain is pre-existing or minor.
How Comparative Fault Applies to Cut-Off Accidents
Florida uses a modified comparative fault system. UnderFlorida Statutes § 768.81, you can still recover compensation if you are less than 51 percent at fault. However, your compensation is reduced in proportion to your percentage of fault.
For instance, if a jury finds you 20 percent responsible for not slowing down fast enough after being cut off, and your total damages are $100,000, you can still receive $80,000. This system underscores the importance of presenting a strong case that shows the other driver’s reckless behavior was the primary cause of the crash.
Without legal representation, insurers may try to shift more blame onto you, even when the other driver’s actions were clearly hazardous. A lawyer counters this by leveraging police reports, black box data (if available), and intersection footage to show the reality of the collision.
How a Car Accident Attorney Can Help
A lawyer can help with your personal injury case by:
- Investigating the accident to prove liability
- Filing all necessary paperwork, ensuring accuracy and timely submission
- Negotiating for a fair settlement
- Representing you in court, when necessary
They will also assess every possible source of compensation, including the at-fault driver’s liability coverage, your own UM/UIM policy, and whether the road design or signage played a role.
Some cut-off crashes occur near construction zones or areas with obstructed views. If inadequate warnings or improper traffic control contributed, municipalities or contractors may also be held liable.
Choose a Legal Team That Delivers Proven Results
At the Law Offices of Wolf & Pravato, we understand the dangers of cut-off accidents. Our team has over two decades of experience fighting for injured drivers in Fort Lauderdale and throughout South Florida. We know how to prove negligence in these complex cases and push back against insurers that try to undervalue your injuries.
Our past results include:
- $3.85 million truck rollover settlement in Fort Lauderdale
- $5.25 million recovery in a wrongful death trucking case
- $925,000 in a negligent security shooting claim in Miami
We conduct deep investigations that consider vehicle movements, road conditions, witness statements, and traffic data. If your car was towed after the crash, we will examine how that may have impacted the collection of evidence. No detail is too small when building your case.
We offer free consultations and only collect payment if we win. Let us help you secure the financial recovery you need to move forward.
Connect With a Car Accident Lawyer Today
Atthe Law Offices of Wolf & Pravato, we fight for the maximum compensation our clients deserve. Our personal injury attorneys haverecovered over $200 million in settlements for accident victims throughout South Florida. Call (954) 633-8270 today to get started on your case with a free initial consultation.