What happens when negligent driving leads to serious injuries?

Jan 11, 2022 | Car Accidents

Although driving may be part of your daily routine, it is still a dangerous activity. Something can go wrong with the vehicle or a driver can lose control, resulting in a crash. Drivers need to prioritize safety at the wheel.

Staying sober, avoiding distractions and choosing not to drive while sick or fatigued are all examples of responsible driving behaviors. Unfortunately, many people engage in negligent conduct on the roads. They cease looking at driving as a safety risk and make choices that reflect their lack of safety concern.

Negligent drivers do things that they know could be unsafe with little regard for how their behavior might impact others. What happens if you get hurt in a crash caused by negligence?

What if you played a partial role in the crash?

Often, one driver is clearly responsible for a wreck. However, sometimes both people involved played a role in the outcome. If you are partially responsible for a crash, the other driver could make a claim about your responsibility in response to a lawsuit.

If the courts agree that you are partially responsible, they will reduce any compensation awarded to you by the percentage of comparative fault you have for the crash. The good news is that while there may be a reduction in your compensation through the legal system, you will still have the right to file an insurance claim if you are slightly responsible for a crash largely caused by another driver.

When another driver does something unsafe

Under the Florida insurance system, those hurt in a crash can usually file a claim against the policy of the driver who caused the wreck for property damages. They can use their own no-fault coverage for personal injury protection (PIP).

When someone doesn’t have insurance or causes more losses than they have coverage to pay for, they may face a civil lawsuit from the other people affected by the crash. You can generally expect compensation for damage to your vehicle, medical expenses related to injuries and even lost wages after a collision. After you exhaust your PIP coverage, you can then seek compensation from the other driver’s policy.

Proving negligence is a bit of a legal gray area. It requires that someone show that a reasonable adult would not behave the same way in the same situation. Failing to act or acting in a way that most people recognize as dangerous can both constitute negligence under Florida law. Understanding how negligence affects your rights after a car crash can help you connect with the right compensation.