Myths About Car Accident Cases You Should Not Fall For
Being involved in a car accident can be devastating and traumatic. After being in a car accident, you may be unsure about what to expect. In an attempt to understand what to expect, you may decide to seek information from your family members or friends. Unfortunately, the information you gather from family and friends might not be all true. There are many myths out there about car accident cases that people spread around without knowing. Below, we will debunk some of the most prevalent myths about car accident cases.
Myth #1: Laws Governing Car Accident Cases Are the Same in Every State
From how much time you have to file a car accident claim to whether or not you can recover compensation if you are partially to blame for your accident, most car accident laws differ from state to state. Therefore, if you had a Florida car accident, you need to familiarize yourself with Florida car accident laws and not rely on what you know about another state’s car accident laws. Additionally, Florida is a PIP State. You need to retain an attorney familiar with PIP.
Myth #2: You Can File a Car Accident Claim at Any Time
All states in America have a statute of limitations for car accident claims. In Florida, to be specific, you have four years from the time of your accident to file a claim. However, there are some exceptions to this law. For example, according to Florida Statute 95.051, the running time of the statute of limitations for filing a car accident personal injury claim can be tolled if the person who caused a car accident left Florida before a claim could be filed. Also, if a defendant takes steps to hide in Florida, the statute of limitations can be tolled. Failure to file a car accident personal injury claim before the statute of limitations expires can lead to a victim or victim’s family losing the right to recover compensation. Additionally, to qualify for your PIP benefits, you must receive medical treatment within the first 14 days following your crash.
Myth #3: I Cannot File a Claim if I Was Partly To Blame for My Car Accident
Indeed, in some states like Alabama, which follow the pure contributory negligence rule, you cannot recover compensation if you are found to have played even the slightest role in causing your accident. However, in Florida, you can file a claim and recover compensation from another negligent party after a car accident even if you are partially to blame for your accident because Florida follows the comparative negligence rule. In fact, the pure comparative negligence rule that Florida follows allows you to file a claim and recover compensation even if you are 99 percent at fault.
With that said, it is crucial to keep in mind that if you are partially at fault, the compensation you recover in a Florida car accident claim will be reduced by your percentage of fault.
Myth #4: The Rear-end Driver Will Automatically Be Held Liable
It is understandable why this myth exists. There is a presumption of fault against a driver who hits you from behind. However, there are some circumstances where the rear driver may argue that he/she is not liable or only partially liable (i.e. you unnecessarily stopped short or another driver cut them off (Fabre defense) .
Contact a Delray Beach Car Accident Attorney
Need more information or help with a Florida car accident case? If so, contact our Delray Beach car accident attorneys at Lyons & Snyder.
Resource:
flsenate.gov/Laws/Statutes/2012/95.051
