Assigning Fault in Miami Car Crashes

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Determining Fault in Miami Car Crashes: What Florida Drivers Need to Know

If you're driving in Miami and have a car accident, understanding who's at fault isn't just about placing blame.

Determining fault in Miami car accidents is about securing your financial recovery and protecting your rights.

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Florida law recognizes a no-fault system, but that only applies to medical expenses and lost wages up to $10,000 through Personal Injury Protection (PIP) coverage.

Who caused the wreck becomes critical for injury victims when pursuing compensation beyond these limits when serious injuries occur.

Florida's comparative negligence laws can significantly impact your compensation, making proper fault determination critical to your being fairly compensated.

 

"Insurance companies will scrutinize high-value claims with greater intensity..."

 


Florida's Modified Comparative Negligence System

Florida recently shifted from a pure comparative negligence system to a modified comparative negligence approach.

What does this mean for you?

If you're found more than 50% responsible for the accident, you cannot recover damages beyond your PIP limits.

In Miami-Dade County, thousands of accidents occur annually, with fault determination serving as the pivotal factor in securing compensation for victims suffering serious injuries.


Florida No-Fault Insurance: PIP Coverage Limitations


  • PIP Coverage: Pays 80% of medical bills and 60% of lost wages regardless of fault
  • Coverage Limit: Capped at $10,000 per person per accident
  • Time Restrictions: Medical treatment must be sought within 14 days

Serious Injury Threshold: Allows lawsuits when injuries involve:

  • Significant/permanent loss of bodily function
  • Permanent injury
  • Significant/permanent scarring or disfigurement
  • Death

In Miami's serious car accident cases, establishing fault becomes the decisive factor that determines whether victims can break through the no-fault threshold to pursue full compensation for catastrophic injuries, ongoing medical costs, and life-altering damages not covered by limited PIP insurance.


How Is Fault Determined in Miami Car Accidents?

Several key factors influence fault determination in South Florida collision cases:


Police Reports

When Miami-Dade law enforcement responds to your accident scene, their official report becomes powerful evidence. Officers document road conditions, vehicle positions, and witness statements—all critical elements in establishing liability.


Traffic Laws and Violations

Did someone run a red light at a busy Brickell intersection? Were they texting while driving on I-95? Florida traffic statutes provide clear guidelines on driver responsibilities, and violations of the traffic laws usually lead to being determined at-fault for a collision.


Eyewitness Testimony

Bystanders who observed your accident can provide unbiased accounts of what happened. Their perspective often resolves contradicting driver statements and resolve disputes over the sequence of events that led to the collision.


Physical Evidence

Skid marks, vehicle damage patterns, and debris positioning speak volumes about what really happened. The Florida Department of Transportation often documents roadway evidence that proves crucial in complex cases.


Common Scenarios and Default Fault Assumptions

Certain accident types create presumptions about fault:

  • Rear-End Collisions: The trailing driver is typically presumed at fault under Florida traffic safety laws, though exceptions exist. 9 times out of 10 they will be cited at-fault by the police at the scene.
  • Left-Turn Accidents: The turning driver usually bears liability when colliding with oncoming traffic.
  • Drunk Driving Accidents: An impaired driver will usually bears liability if they hit someone, and may be deemed partially to blame if they didn't avoid a collision when they were hit..
  • Parking Lot Incidents: Florida's parking regulations create specific right-of-way rules that determine fault in these common Miami scenarios.
  • Crosswalk Pedestrian Accidents: Drivers that fail to yield for pedestrians and hit people in crosswalks will be found at fault in most cases.

It's always a good idea to speak with a good accident lawyer if you've been hurt in a collision. The insurance companies are not on your side and use various tactices to limit what they have to pay. A conversation with an experienced accident attorney in Miami will help ensure you protect your right to compensation.




What to Do After Your Miami Accident

To protect your rights if you've been in a car accident in the Miami area:

  • Document Everything: Take photos, gather witness information, and obtain the police report number.
  • Seek Medical Attention: Visit Jackson Memorial, Mercy, Kendall Regional Medical Center, or your preferred healthcare provider immediately—get treatment for your injuries as soon immediately.
  • Contact Legal Help: Before speaking with insurance adjusters, consult with a skilled personal injury attorney who understand Florida's comparative negligence laws.

Remember, Florida's statute of limitations gives you limited time to file your claim. The greedy insurance companies will try to assign blame to you in order to minimize what they have to pay. Acting quickly preserves evidence and strengthens your position.

Our Commitment to Miami Accident Victims

Have questions about your Miami car accident?

Contact our legal team to for a quick conversation to review what happened and answer your questions.

Our lawyers are standing by to help and know exactly what it takes to maximize your compensation after a collision. Don't settle for less than you deserve.

For serious injuries in the Miami area, we can come to you. We can help you file a claim and take the legal burden off you shoulders after being injured by a negligent driver.

Call 888-713-6653 now to speak with our experienced Miami car accident attorneys to review your case.

When you or someone you love has been involved in a serious car crash in Florida, don't hesitate, put a powerhouse law firm on your side to equal the playing field.

We will fight to hold the at-fault driver and their insurance company responsible so you get the fast & full payout you deserve.

 

 

 

Free Case Evaluation


Let's See If You Have a Case...

Please select what happened?
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
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