Can I file a car accident lawsuit even if I was issued a ticket?
After a car accident in Florida, you would likely want compensation for any injuries or other losses. In a car accident where it’s clear that one person is at fault, it’s generally straightforward to understand how one could recover compensation.
But what happens if both drivers are at fault or if you received a ticket? Can you still file a lawsuit?
For Florida drivers who were ticketed following an accident, there is good news: under Florida’s pure comparative negligence system, injured parties may still receive compensation for their injuries – regardless of shared responsibility for the accident.
If you received a ticket for your car accident, it would be in your best interest to consult with an experienced Florida car accident lawyer. At Lytal, Reiter, Smith, Ivey & Fronrath, our skilled car accident lawyers have a comprehensive understanding of Florida’s insurance policies and processes.
Florida Is a No-Fault Car Insurance State
Florida follows a no-fault insurance system. This means that injured passengers and drivers will turn toward their own personal injury protection (PIP) car insurance coverage first. PIP can cover medical bills, lost income, recovery expenses, and other out-of-pocket financial losses following the crash.
PIP covers losses regardless of who was at fault for the accident. However, PIP has a $10,000 limit and does not cover non-economic damages such as pain and suffering. You have other avenues to seek compensation. Filing a lawsuit against the other driver that was partially at fault for the accident will allow you to seek compensation for non-economic damages and damages in excess of the PIP limit.
How does comparative negligence affect your car accident?
Under Florida’s pure comparative negligence system, a Florida court can attribute a portion of the blame for a car accident to more than one party. According to this rule, even if you were ticketed for causing or partially causing the car accident, you may still pursue damages from the other party if they were also partially at fault.
Your compensation would be reduced in proportion to your share of the blame. For example, let’s say a jury decides your total damages should be $50,000 to cover your medical bills, lost income, pain and suffering, and vehicle damage.
However, the jury also decides that you are 30% responsible for the accident since you received a speeding ticket following the crash. You would be entitled to $35,000 out of the total awarded damages.
Unlike other states, Florida does not require that you are less than 50% responsible for the accident to recover compensation through legal action.
Florida’s Statute of Limitations
Florida’s statute of limitations for car accident injury claims dictates the window of time a person has to take legal action following an accident.
Under Florida Statutes Chapter 95 § 11, car accident injury victims have four years from the date of the injury to file a lawsuit against the at-fault party. Once the four years have passed, it’s highly unlikely a Florida court will hear your case.
Work with a Florida Car Accident Lawyer to Recover Your Losses
If you were recently involved in a car accident in which you received a ticket, it may feel like you won’t be able to recover damages for your financial losses.
However, in reality, you may still have options. Work with the experienced Florida car accident lawyers at Lytal, Reiter, Smith, Ivey & Fronrath. Our highly skilled lawyers have a deep understanding of Florida’s car insurance policies and processes.
If you have questions, contact our office today at 561-655-1990 and schedule a risk-free case evaluation. We’ll review the facts of your case, answer any questions you may have, and advise you of the best next steps to take. We look forward to speaking with you.