What to Do After a Single Car Accident in Florida

Being in a car accident is always a stressful, frightening experience. Even the best situations involve shock, wondering what happened, and hoping repairs won’t be too costly. And in the worst cases, you’re left dealing with injuries, substantial time missed from work, and even the death or serious injury of another party.

Because most people generally think of a car accident as involving two or more vehicles, single-car accidents are often unexpected and raise many questions. The following guide can help you gain a clear picture of single-car accidents in Florida, what to do in the aftermath, who or what else could potentially be at fault, and how an experienced car accident lawyer can help.

Single Car Accidents in Florida

While most accidents occur when two or more vehicles collide, colliding with a tree, railing, wall, or a residential or commercial building is still possible. These accidents can be startling and cause a lot of damage, from bodily injuries to repair costs. Common causes of single-car accidents can include:

• Slippery roads
• Obstructed, damaged, or mismarked street signs
• Construction zones
• Defective or malfunctioning car parts
• Another driver’s conduct or negligence
• Road hazards, such as potholes, inadequate lighting, or anything that minimizes visibility
• Bad weather and sun glare
• Flying Objects

Being in a single-car accident does not automatically mean the driver is at fault. Understanding the steps to take in the aftermath can help limit liability and ensure adequate compensation for damages to people or property.

Do you have to call the police for a single-car accident?

In Florida, you must immediately report a car accident to the police if:

• The accident caused death, injury, or any pain or discomfort to the driver or any of the passengers
• The crash caused property damage that appears to be over $500
• The driver was under the influence at the time of the accident
• The vehicle was rendered inoperable and needed to be towed from the scene of the accident

Does insurance cover a single-car accident?

When it comes to single-car accidents, compensation for damages largely depends on the type of coverage the policyholder has. A standard auto insurance policy typically includes liability coverage, which covers damages to other people and their property. However, liability coverage does not cover the policyholder’s vehicle in the event of a single-car accident. For coverage of their own vehicle, a policyholder would need to have collision insurance, which specifically covers damages to the car resulting from a collision with another object, such as a tree, guardrail, or even a pothole. Additionally, comprehensive insurance can cover non-collision-related incidents like theft, vandalism, or weather-related damage.

In a single-car accident, it is critical to consider the policy’s specifics and any applicable deductibles. Collision coverage typically requires the policyholder to pay a deductible before insurance can cover the remaining repair costs.

What To Do After a Single-Car Accident in Florida

The days after a single-car accident are critical to establishing your case and ensuring your health and safety. Anyone involved in an accident should take the following steps as soon as possible:

• Contact the police: Florida law requires filing a police report when an accident results in the personal injury or death of anyone involved or if any party complains about pain. This requirement also applies if the crash rendered your vehicle inoperable, if you were driving a commercial motor vehicle, or if the crash was caused by someone driving under the influence. For example, if you swerved to avoid a collision with someone who seems to have been driving while impaired, you would need to file a report.
• Report the Accident to Your Insurance Carrier: Your insurance policy may require you to report any and all car accidents. If you fail to report an accident promptly, your insurer may deny coverage.
• Gather Documentation and Evidence: As soon as possible after the accident, document everything that might be helpful in litigation or an insurance investigation. This includes evidence that the roads were in poor condition or visibility was obstructed, and the extent of the damage caused to someone else’s property and your car. This will be helpful for liability issues and accident reconstruction efforts.
• Go to the Doctor: Every car insurance policy in Florida is required to offer personal injury protection (PIP) benefits. These cover up to 80% of medical bills and 60% of lost wages, for a maximum of $10,000. This is available to you regardless of whether you were at fault for the accident. It also covers injuries sustained by you, anyone who lives with you, passengers in your car, and anyone struck by your vehicle. However, to file a claim, Florida Statutes 627. 736 requires that you do so within 14 days from the date of the accident.

How is fault determined in single-vehicle car accidents in Florida?

The most important factor for determining fault after a single-car accident is negligence. Any party with a duty of care who breached that duty and caused the damages could potentially be held accountable for negligence,  including:

• Another Driver: There are scenarios when another driver is the catalyst for a single-vehicle car accident. Slamming on the brakes, having cargo that falls off their vehicle, or driving erratically could cause another driver to swerve to avoid an accident, only to end up colliding with something else. If this is the case, the other driver will be liable for your injuries. This liability is not absolute, though. A court will examine whether you were partly to blame for the accident. If so, the amount you can recover will be reduced by your percentage of fault.
• Car Manufacturer: Most people have seen either news stories of product recalls or have possibly received recall notices in the mail for something they’ve bought. A manufacturer doesn’t need to be held strictly liable for damages caused by their products. Florida law establishes explicitly this liability for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. This also includes injuries greater than you would have experienced but for the defective product. Therefore, if you had an accident or your injuries worsened due to a defect in your car, the car manufacturer could be liable.
• Mechanic or Auto Repair Shop: The same way a car manufacturer can be held strictly liable for injuries arising from a product defect, a mechanic or auto repair shop could be held liable for injuries sustained in an accident if they failed to repair something you paid them to fix before the crash. This also applies if you took the car for regular maintenance and the issue was supposed to be discovered during the regular course of such maintenance.
• The Department of Transportation: Florida Statutes Section 337.195 establishes that in a civil action for the injury or death of a person against the Department of Transportation, it will be presumed that it occurred by the driver’s operation of the vehicle. This presumption can be overcome by showing that there was either gross negligence or intentional misconduct by someone in the department. An example would be construction, maintenance, or repairs that are done in violation of compliance requirements.
• The Driver: Sometimes, even the most well-intentioned and safe drivers engage in distracted driving. Whether thinking about work or family responsibilities, replying to a text, or reading a billboard, drivers can unintentionally run a red light or drive too fast when the roads are wet.

How a Lawyer Can Help

After a single-car accident, an attorney can provide invaluable assistance in several ways. First and foremost, attorneys can help navigate the complexities of insurance claims. This includes ensuring that all necessary documentation is accurately completed and submitted promptly, negotiating with insurance adjusters to secure a fair settlement, and, if necessary, representing the policyholder in disputes with the insurance company. A qualified, experienced attorney can also help interpret the insurance policy’s terms and conditions to ensure that the policyholder receives the maximum benefits they are entitled to under their coverage.

Additionally, an attorney can offer crucial support if the single-car accident results in legal issues, such as allegations of negligence or liability. For example, if the accident caused damage to public property or passenger injuries, an attorney can help mitigate potential legal consequences by gathering and presenting evidence, interviewing witnesses, and employing expert testimony to build a strong case. Finally, an attorney can guide the policyholder through the legal process, advise on the best course of action, and work to protect their rights and interests throughout the aftermath of the accident.

Do you need a lawyer for a single-car accident?

It’s not always possible to walk away from a single-car accident without injuries or property damage. Anyone should consider contacting a car accident lawyer if any of the following is true:

• Your car was towed from the scene of the accident.
• You received a citation or ticket.
• The accident caused damage to another person’s property.
• You were suspected of driving under the influence of drugs or alcohol.
• Another party was at fault.

Having a lawyer on your side who understands the legal system and knows how to work with insurance carriers can minimize your legal and financial exposure. An attorney can also work to ensure you receive any compensation you are entitled to if another party’s negligence contributed to the accident in any way.

Contact Hartpence Law Today for a Free Consultation

If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.

If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.