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ToggleHow Might Florida’s Distinctive Weather Affect Claims for Auto Accidents?
Weather-related car accidents occur frequently in Florida. With regular rain, flooding from storm systems, and debris from hurricanes, there are many issues caused by the state’s unique weather patterns. Car accident claims in Florida may need to show that the at-fault driver failed to take the weather into consideration while behind the wheel.
A Florida car accident attorney can help you navigate the claims process and hold another driver accountable for your serious injuries. This is true even in weather-related crashes.
How Does the Florida Weather Impact on Car Accidents?
While Florida’s unique weather contributes to collisions year-round, it is important to know that drivers still have a responsibility to drive carefully and prevent crashes. For example, a hurricane’s impact on fort lauderdale car accidents lawyer could mean heavy rain and flooded streets. Even when there are no large storm systems predicted, daily showers can lead to slippery roads and fort myers car accidents lawyer.
While most of Florida does not have to worry about the winter weather that plagues colder climates, the precipitation still causes a problem. Sometimes, other parties could share the fault in a weather-related crash.
For example, standing water caused by clogged drains or streets graded improperly for proper water run-off could contribute to a crash. When this occurs, the party tasked with street design or maintenance might be partially liable.
What Is the Driver’s Responsibility in Bad Weather?
When it comes to Florida’s climate and car crashes, another driver is still usually the liable party. While weather can contribute to collisions, drivers must brake sooner, always use headlights and turn signals, and avoid driving through standing water.
If they fail to follow all traffic rules and drive in a careful manner—including considering how the weather affects their driving—they might be responsible for any serious injuries or property damage that occurs.
Drivers have a legal responsibility to follow all traffic laws regardless of the conditions. They must consider how the conditions affect their abilities and the operation of their vehicle. If they cannot drive carefully and ensure the safety of themselves and others, they should not be on the road.
How an Attorney Will Help You Seek Compensation in a Weather-Related Crash
Rain and car accident claims in Florida go hand in hand. Many crashes occur on wet, slick streets. When a personal injury lawyer handles a crash case, they investigate who is liable and what they did to cause the crash. Many of these investigations document bad weather.
However, these attorneys still uncover mistakes made behind the wheel that cause these crashes. When a driver is reckless or careless and causes a serious injury crash, they are legally responsible for the damages the victim suffers. The evidence to document what occurred could include:
- The crash report filed by police officers
- Eyewitness statements
- Video of the crash
- An accident scene survey
- Accident reconstruction expert testimony
- Relevant medical records
- Documents showing damages
When the attorney files a claim with the at-fault driver’s insurance carrier or a personal injury lawsuit, they aim to recover fair compensation for their client’s expenses and losses. This recovery could include:
- Medical bills, current and future
- Pain and suffering damages
- Related costs with documentation
- Income lost
- Reduced earning ability
- Property damage and repair
What Do I Need to Know About Weather-Related Crash Cases?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 252,235 people suffered injuries in 397,612 car accidents in Florida during 2022. Because of the frequency of rain and other bad weather in Florida, many of these crashes probably occurred during wet conditions. However, this plays little role in how these claims work.
Under Florida Motor Vehicle No-Fault Law, most people with crash injuries file no-fault insurance claims. Only if there are serious injuries can they pursue compensation from the at-fault driver and hold them legally responsible for their injuries, expenses, and losses. In no-fault claims based on personal injury protection (PIP) coverage, claimants do not need to show fault or prove what caused the crash. Weather plays no factor in these claims.
With serious injuries, victims can hold the careless or reckless driver responsible and recover compensation through a fault-based claim or civil lawsuit. When a car accident lawsuit is necessary, Florida Statutes § 95.11 generally gives victims up to two years to build a case and file suit against the at-fault driver. Your attorney will handle this process for you as long as you hire them with enough time to do so.
Discuss Your Weather-Related Florida Crash With Our Team Today for Free
At the Law Offices of Wolf & Pravato, we provide free initial case consultations for crash victims with serious injuries who need help navigating their claims. We will assess your options and explain how we can help. Contact us using our online contact form or call (954) 633-8270 to get started today.