While neighborhood streets serve a vital purpose, highways are what connect cities and states. Can you imagine trying to drive from Ohio to Florida without being able to hop onto I-75? Another crucial Florida highway is the 132-mile Interstate 4. Connecting Daytona Beach and Tampa, I-4 sees plenty of traffic. The heavy stream of vehicles has a downside.
I-4 is considered one of the nation’s most dangerous highways. Factors contributing to I-4’s high vehicle accident rate include more than constant traffic. Construction zones, weather, and the driving habits of other motorists are helping to increase the highway’s accident rate. If you’re injured in a Florida highway car accident, do you know what steps to take to file a personal injury claim?
Florida Has Insurance Rules
Before you start thinking about recovering compensation in a Florida highway car collision, it’s a good idea to understand the Sunshine State’s insurance rules. Florida has two statutes that impact the personal injury claim process. One of the insurance guidelines can even affect your potential settlement amount.
Florida is what’s known as a no-fault insurance state. If you’re new to the Sunshine State, this rule can be a bit surprising. Before you can even think about filing an accident claim against the at-fault driver, you need to work with your insurance provider.
Yep, you turn to your insurance carrier to cover your damages. What your insurance covers depends on your policy. If you’re only carrying the state’s minimum limited liability coverage, you can’t claim your vehicle damage. However, if you have full coverage auto insurance, your property losses should be taken care of up to your policy’s limits.
All Florida drivers with vehicles registered in the state must also carry personal injury protection (PIP) insurance. Your PIP policy covers up to 80% of your medical expenses. PIP can also take care of some of your claimable lost current income.
However, even if PIP takes care of 80% of your medical costs, you’re still left with 20% of your losses. Now, you can file a claim with the at-fault driver’s insurance provider. You can claim any damage not covered by your insurer.
Filing a personal injury claim with the at-fault party’s insurer can trigger the Sunshine State’s other insurance law. Florida follows comparative negligence guidelines. This means you may be assessed some of the blame for causing the accident.
Essentially, comparative negligence allows you to share blame with others involved in the vehicle collision. Under comparative negligence guidelines, you can still file for compensation as long as you’re not more than 50% responsible for causing the accident.
Here’s the huge downside of comparative fault. Your compensation amount is going to be reduced by your percentage of fault. If you’re assessed 40% of the fault or higher, you’re going to lose a significant portion of your settlement award.
Steps to Take After a Car Accident on a Florida Highway
Car accidents are frightening and startling. Before you do anything, take a second to calm down. You’re not going to get rid of all of your sudden stress, but taking a minute to get your bearings can help. Check yourself for any injuries, along with your passengers. This way you have a better idea of what emergency services you need when you call 9-1-1.
You want to immediately report just about any type of highway collision. Chances are, it’s state law. Besides, reporting the accident starts documenting the collision. This is going to be important when you’re filing your highway car accident injury claim.
Don’t throw open your car door right after the accident, even if you don’t have serious injuries. You have no idea where your vehicle ended up after the collision. You don’t want to get hit by an oncoming car as you’re exiting your vehicle. Even though Florida isn’t exactly known for its mountainous terrain, you can still slip off the road and end up in a swamp. Always make sure it’s safe to exit the vehicle before flinging open a car door.
Medical Treatment is a Must
Most vehicle accidents on highways result in significant or even catastrophic injuries so getting medical treatment is common sense. However, if you’re up and walking after the car collision, don’t take it as a sign you’re doing okay. You may have soft tissue injuries or internal bleeding. Ignoring these types of injuries can lead to serious health complications.
Visiting a healthcare provider does more than help ensure you’re really doing okay, it’s also a necessary step in the claim process. The insurance adjuster is going to ask for copies of your medical records. If you skip a visit to the doctor’s, there’s a good chance your injury claim isn’t going very far.
Gather Your Supporting Evidence
The at-fault driver’s insurance company is going to ask for plenty of supporting evidence. Basically, you need to prove you sustained every listed damage. You may also run into issues with comparative negligence. Your evidence may also help to ensure you’re not unfairly assigned blame.
If you’re skipping a ride to the ER in an ambulance, grab your smartphone. Start taking pictures of your vehicle damage. Get a few shots of the position it ended up in. This can help establish fault if it becomes a problem. Make a note of any surveillance systems, including traffic cameras, in the area. Your personal injury attorney can subpoena the footage.
Your supporting evidence extends to a ton of documents you’re probably collecting. You’re going to need your accident report and copies of your medical records. Save all of your bills and receipts, these also serve as proof. This can even apply to any property damage repair/replacement estimates. If you’re claiming lost current income, grab your pay stubs and a letter from your employee.
Partner with a Florida Highway Car Accident Attorney
You can probably make it through the accident claim process with your insurance provider. Things are a little different when the claim is against the at-fault driver’s insurance provider. To help ensure the accident claim process moves smoothly along, work with an experienced Florida highway car accident lawyer.
Image: Tom Stecker, Unsplash
