What Are a Driver’s Legal Obligations Following a Car Accident?
Understanding the legal responsibilities of drivers in car accidents is important if you get into a crash. Generally, Florida law sets the parameters for what a driver should do following a crash and what their legal responsibilities are. This includes remaining at the accident scene, reporting the crash for the police report, and understanding how to file the appropriate claims to recover compensation for your accident-related expenses.
If you want help with navigating the claims process after a serious injury accident, a
car accident attorney can help. They can lead your case while you focus on recovering from the collision and keep your insurance claim or injury lawsuit on track.
What Should I Do Immediately After a Florida Auto Accident?
As a driver, your auto accident legal responsibilities include following traffic laws at the scene, cooperating with the crash investigation, and being liable for any severe injuries that occurred in an accident you caused.
Knowing how to react when a crash occurs protects your rights and ensures you can build a strong case if you must file a fault-based insurance claim or lawsuit.
As soon as an auto collision occurs, you should:
- Ensure you are in a safe place and remain on the scene.
- Check on the health and well-being of your passengers.
- Check on the health of others involved if safe and possible.
- If necessary, render aid for any life-threatening injuries to the best of your abilities.
- Call 911 or notify the police when there are injuries or significant property damage.
When Do I Have to Report a Crash to Law Enforcement?
If the crash causes any injuries or significant property damage, call 911 to report the crash and have the police come to the scene to file an official accident report. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida law requires local law enforcement to file a crash report when:
- There is an injury or death.
- There is at least $500 of estimated vehicle damage.
- There is other property damage worth an estimated $500.
Understanding Driver Liability After a Car Crash
The at-fault driver might be legally liable for the injuries others sustained in a crash. This could occur if they suffered serious injuries. They could still be responsible for other expenses and losses that occur, too.
After a traffic crash, exchanging contact information and details about auto liability insurance with the other parties is a good idea. You should also cooperate with the police investigation into the crash and provide the law enforcement officers with any information they request.
What Should I Do About Getting My Car Accident Expenses Paid?
A driver’s legal obligations post-accident often include covering the costs of their injuries and lost wages in Florida. Their personal injury protection (PIP) policy should cover these costs. They will file a claim with their insurance provider. Under Florida Statutes § 627.730, the Florida Motor Vehicle No-Fault Law, most accident compensation claims are no-fault claims.
Drivers must also be aware of the 14-day accident law. You only have two weeks to get medical care for your accident injuries to qualify for a PIP payout.
Serious injuries could allow victims to hold the at-fault driver legally liable. According to the Florida Financial Responsibility Law (Florida Statutes § 324.021), the at-fault driver must have liability coverage during a crash. Getting their insurance carrier information at the scene is a good idea when possible. However, you can request this information later.
Talk to a Personal Injury Attorney in Fort Lauderdale if you have serious injuries. You might have other options beyond filing a claim with your no-fault insurance provider.
How Can a Personal Injury Attorney Help With My Florida Auto Accident?
Traffic collision legal duties and rights are not always clear-cut. Many people do not understand their options for compensation. If your injuries require extended hospital care, rehabilitation, or time away from work, you might be able to pursue a fault-based claim.
An accident attorney can assess your options and explain how they can help you navigate the claims process or file a lawsuit against the at-fault driver or liable parties.
When serious injuries occur, your attorney will build a compelling case against the at-fault driver. Fault determination in car accidents can be challenging to prove without experience and knowledge of how these cases work. Our car accident lawyers know where to look for evidence and document what led to a crash.
Get a Free Consultation for an Auto Accident With Our Legal Team Today
The Law Offices of Wolf & Pravato provide free legal consultations for accident victims seriously injured in Florida auto collisions. Filing an insurance claim or lawsuit is often the only way to recover compensatory damages these collisions cause.
Call us today at (954) 633-8270 to learn more about your rights based on the facts of your case. Contact us now to get started.
