With increasingly congested roadways that leave many motorists stressed out and pressed for time, aggressive driving has become more common. Aggressive behavior like speeding, tailgating, weaving through traffic, and running a red light or stop sign could also be dangerous, and it too often results in severe injuries or death.
If an aggressive driver injured you, you could seek legal counsel to understand how you can move forward with your case. At Ben Crump Law, PLLC, a Tampa aggressive driving accident lawyers can help you get compensation for your losses. Whenever you are ready, get in touch at (800) 598-7557.
No-Fault Insurance System in Florida
States have different auto accident laws that may have an impact on your claim. Proving fault for the accident determines who should be liable for the resulting damages. However, this is not the case in Florida.
The state is among the few that follow a no-fault system wherein the insurance company will pay for medical expenses, lost wages, and vehicle repairs, regardless of who is responsible for the accident. This system runs contrary to the traditional setup that seeks financial recovery from the liable party, and it aims to deter unreasonably high insurance claims and personal injury lawsuits. If you have injuries, you submit a claim to your insurer instead of going after the other motorist’s insurance company.
As affirmed by the Florida Bar, all motorists in Florida must have personal injury protection (PIP) of up to $10,000 and property damage coverage of $10,000 per accident. PIP covers accident-related medical expenses, lost wages, and death benefits for $5,000.
On the other hand, property damage coverage pays for any destruction to property due to the car crash. Bodily injury liability (BIL) is optional coverage for policyholders that pays for severe and permanent injury to others. Like BIL, uninsured motorist coverage is not required and ensures coverage beyond your PIP for accidents caused by drivers without insurance.
A downside of Florida’s no-fault system is the limit imposed on PIP reimbursements—you can sometimes only recover 80% of total medical costs. Moreover, you have to pay your deductible first before receiving compensation from your claim. So, if your total damages amounted to $5,000—$2,500 for medical expenses and $2,500 for lost income—expect that you will only partly recover those losses.
For a free legal consultation with a aggressive driving accidents lawyer serving Tampa, call 800-959-1444
You Can Pursue a Claim Beyond the No-Fault System
Florida’s no-fault insurance system may be strict, but it also allows aggressive driving accident victims to seek compensation beyond the imposed limits. Those who had severe injuries or a deceased victim’s surviving family can bring a claim against the liable party for resulting damages, including pain and suffering, emotional distress, and inconvenience. A severe injury pertains to anything life-changing, such as the following:
- Permanent or significant loss in essential bodily function
- Partial or permanent disability
- Scarring, disfigurement, or deformity
An injured motorist can also pursue a personal injury claim from the at-fault driver if total damages go beyond the $10,000 threshold for PIP coverage. They can also recover other out-of-pocket expenses incurred as a result of the accident. To understand the value of your claim, you can consult with a lawyer.
Tampa Aggressive Driving Accident Lawyer Near Me 800-959-1444
Aggressive Driving Is a Form of Negligence
If you decide to pursue a personal injury lawsuit against the at-fault driver, the burden of proving liability lies with you, the injured party. Some people choose to work with a lawyer to establish fault for the accident.
In many car accident cases, negligence is the most commonly used basis for determining liability. A driver was negligent if they exhibited if they were driving aggressively on the road.
Proving fault in an auto accident can be a complicated matter, especially if it involves multiple parties. Florida follows a comparative negligence rule in assigning the degree of liability to all those involved—their portion of fault in the accident is the rate of reduction in their claim. If you are liable for 20% of the incident, you can only recover up to 80% of the damages uncovered by your policy.
If you believe that the car accident was primarily due to the at-fault driver’s aggressiveness, let a Tampa aggressive driving accident lawyer at Ben Crump Law, PLLC help you prove it to the insurance adjuster or jury. Get in touch to discuss your case with one of our team members.
Taking Legal Action Against the At-Fault Driver
Pursuing an injury claim beyond Florida’s no-fault insurance system is challenging but possible, and a lawyer can help. They know the applicable state laws, allowing them to build a case and assert your rights to fair compensation.
During the consultation, your lawyer will want to know every detail of your case to understand better what happened. They will ask for police reports, medical records, testimonies, photographic evidence, videos, and other documents to prove the other party’s liability and damages suffered because of the driving incident.
Aside from investigating, they will also help you estimate the value of your accident claim. Many injured victims settle for a low offer, often inadequate to recover all their losses, not knowing that they are entitled to higher compensation.
If you decide to file a personal injury lawsuit, your lawyer will ensure that it is within the statute of limitations. In Florida, victims have four years to bring a cause of action for injuries suffered, according to Florida Statute § 95.11. Otherwise, the court will likely dismiss your case unless exceptions apply.
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Seek Legal Assistance When Pursuing Claims
A Tampa aggressive driving accident lawyer from Ben Crump Law, PLLC, can offer sound legal advice and help you meet all the required criteria for submitting your claim. If you decide to take other legal action, our lawyers have years of experience in accident cases and can determine your best course of action to get you compensation.
To get started, call (800) 598-7557 or complete a free case evaluation form online.