A head-on collision can result in serious injuries to both drivers and passengers. If you suffered injuries or lost a loved one in a car accident, a Tallahassee head-on collisions lawyer at Ben Crump Law, PLLC can help you hold the at-fault driver responsible for your losses. Call our legal team today at 800-959-1444 to discuss your case with us.
Wrong-Way Driving in Florida
The Florida Department of Highway Safety and Motor Vehicles (FLHSVM) describes wrong-way driving crashes as those that occur when a vehicle proceeds down a lane in the wrong direction, leading to an accident. Wrong-way crashes commonly occur at dusk, nighttime, and dawn, and most lead to head-on collisions, accounting for the majority of wrong-way accident fatalities.
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Determining Liability in a Head-On Collision in Florida
Unlike states in which the at-fault driver holds the responsibility of covering victims’ damages in car accidents, Florida requires drivers to have no-fault policies, in which their own insurance covers them regardless of liability.
Despite the fact that their policyholders pay for coverage, an offer from an insurance company may not provide those injured in car accidents with a sufficient amount to cover their lost wages, medical bills, and property damage. In some cases, they may offer to settle with victims right away before they have had the chance to calculate their losses. If you suffered injuries in a car accident and your insurance company approached you with a settlement amount, a Tallahassee head-on collisions lawyer can help you decide the next step to take.
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No-Fault Insurance Requirements
Florida drivers must carry personal injury protection (PIP) and property damage liability (PDL) insurance before they can take their vehicles on the road. Coverage must include a minimum of $10,000 each for PIP and PDL. PIP covers 80% of necessary medical expenses regardless of who caused the accident up to the coverage amount, and PDL covers property damage to another person’s vehicle in an accident caused by you or another person driving your vehicle.
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Filing a Claim Against the Other Driver
In some cases, total damages and financial losses exceed the amounts covered by both the victim’s and the other driver’s insurance companies. In these instances, the victim may file a claim against the driver to pursue financial recovery. Because victims’ own insurance companies must pay for their injuries, drivers do not have to carry bodily injury liability (BIL), underinsured coverage, or uninsured coverage in Florida.
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Compensation in Car Accident Cases
The types of compensation you may qualify for vary based on the injuries and other damages you suffered in your accident as well as the amount covered by insurance. If your PIP and the other driver’s PDL policies do not provide sufficient compensation, you may seek awards to cover your:
- Emergency medical care, continued treatment, and rehabilitation expenses related to the accident injury
- Property damage for your vehicle or other personal effects ruined in the accident
- Lost wages for your time away from work or loss of future wages in the case of fatal injuries or permanent disability
- Pain and suffering for the emotional trauma you suffered as a result of the accident and your injury
- Loss of consortium if you lost your spouse in the accident
Florida Statute of Limitations on Head-On Collision Lawsuits
In the state of Florida, victims of car accidents have up to four years from the date of the accident to file a claim against the at-fault driver, according to 2019 Florida Statutes of Limitations Section 95.11.
This may seem like a long period of time, but you have to consider that it will take time to negotiate with insurers before deciding to file a personal injury lawsuit. Once this deadline passes, you risk losing your chance to pursue a personal injury lawsuit against the negligent party in the future.
If you lost a loved one in a traffic collision, you have up to two years from the date of your loved one’s death to pursue a wrongful death case. It takes time to grieve for a loved one. You have the right to seek legal representation for help with the legal process.
How a Tallahassee Head-On Collisions Lawyer Can Help You
In order to pursue compensation in a car accident case in Florida, you must first prove the liability of the at-fault driver. Especially as a no-fault state, this task may present a challenge to victims and their families, especially during such a trying time. Our lawyers can help you establish liability in your case by gathering evidence and documentation, which may include:
- Medical records
- Police reports
- Eyewitness accounts
- Photos and videos of the scene
- Photos of injuries
- Expert testimony
Once our legal team has collected the appropriate information, we can help you prove that the driver did not adhere to their duty to exercise reasonable caution and that their negligence caused the accident that led to your injuries or the death of your loved one. Once we determine liability, we can help you move forward with your case and seek the justice and compensation you deserve.
Contact Ben Crump Law, PLLC Today To Get Started
At Ben Crump Law, PLLC, our attorneys can manage your case on your behalf so you can spend your time focusing on your recovery. If you suffered an injury or lost someone you love in a Tallahassee head-on collision, call our legal team today at 800-959-1444 for your free case evaluation.
Call or text 800-598-7557 or complete a Free Case Evaluation form