Who is Liable for Personal Injuries in a Florida Car Crash?
If you’ve been in a car crash, you know that it can be stressful and overwhelming. Even if the damage is minor, there are so many things to think about: filing an insurance claim, getting your vehicle repaired or replaced – not to mention worries about who may be liable for any personal injuries suffered by either party involved in the accident.
If you live in Florida, understanding how liability works when it comes to car crashes is absolutely essential. Here we will provide information on who may be held responsible both financially and legally should such an incident occur.
In Florida, the at-fault driver is legally responsible for the damages of the injury victim.
In addition to the at-fault driver, the owner of the vehicle could be liable to the injury victim. This is in states that adopt the concept of the Dangerous Instrumentality Law.
Under Florida law, the operation of an automobile is the use of a dangerous instrumentality.
Therefore, under the laws of the State of Florida, both the driver and the owner of the vehicle (even if the owner of the vehicle was not present at the time of the automobile accident) are liable for personal injuries and related damages.
Insurance Companies and Liability
In addition to the owner and the driver of the vehicle, an insurance company may be responsible for payment of the damages related to an automobile accident.
The automobile insurance company of the at-fault driver/at-fault owner cannot typically be sued directly.
However, the automobile insurance company will be responsible to pay any settlement or judgment within the insurance policy limits.
On the other hand, the Uninsured or Underinsured Motorist insurance company of the injury victim or of the vehicle occupied by the injury victim can be sued directly for the accident-related damages under certain circumstances.
Automobile insurance laws and liability laws can be quite confusing and complicated.
So, it is important to consult with a Florida Automobile Accident Attorney. They will guide you through the issues related to liability (fault), damages, and insurance coverage.
In addition to the owner of the vehicle and the driver of the vehicle, a company or business that employs a person acting within the course and scope of the employment can also be held liable for the injury victim’s damages and losses.
In summary, there can be several persons or entities liable for the damages sustained by an injury victim when there is an automobile accident.
Depending on the facts and circumstances, the following may be liable for the injuries sustained by the automobile accident victim.
- at-fault driver
- at-fault owner
- parent of teen driver
- employer of the at-fault driver
- at-fault driver’s automobile insurance company
- at-fault owner’s automobile insurance company
- Uninsured/Underinsured Motorist insurance company for the vehicle occupied by the injury victim
- Uninsured/Underinsured Motorist insurance company for the vehicle owned by the injury victim or a resident relative.
Call Us Today if You Have Been Injured in an Accident
personal injury case and need legal advice or help with a case, it’s best to speak to an experienced personal injury attorney. Call the team at Wood, Atter & Wolf, P.A. for a consultation to discuss your legal needs.
If you believe you will need legal representation, call us today. We can help you get through this trying time and get you and your family on the right path.
(904) 355-8888 or click to set up a consultation to discuss your legal options.