Many visitors from around the country and the world visit South Florida on vacation or spend extended time here during the winter months. The increased population, as well as some drivers’ unfamiliarity with the area and its roads, may lead to an increased likelihood of collisions. Dealing with the aftermath of an accident involving an out-of-state driver may be more complicated than other situations, since communication and other issues may prove difficult. The Miami car accident attorneys at the Law Offices of Robert Dixon guide people who have been injured in a motor vehicle collision through the legal process.
Establishing Liability for Accidents Involving Drivers From Other StatesAs a major hub for tourism as well as business, Florida sees an abundance of visitors from other states, many of whom drive to get around. Out-of-state drivers often use their own insurance issued in their home state or insurance provided by a rental car company. Since each state has different requirements regarding insurance coverage, these policies may not cover the costs in the manner to which Florida residents are accustomed. However, most insurance companies operate nationally or internationally, and the coverage is available across state lines. If you have been injured in an accident involving an out-of-state driver, you are entitled to see their insurance policy and its potential coverage of your claim.
In addition, Florida’s Long-Arm Statute gives courts the power to make sure out-of-state drivers appear in court if summoned. Under the law, any driver traveling on Florida roads automatically consents to an appearance in court if an accident occurs.
Although some civil laws vary by state, if an accident occurs in Florida, Florida law governs, regardless of the residencies of the parties involved. Both Floridians and visitors alike may file suit in the jurisdiction where the collision occurred in order to pursue compensation for their injuries. Car accidents are usually due to negligent actions by one party or multiple parties. Everyone on the road owes others a duty to act as a reasonable and prudent driver would behave under similar circumstances. When a driver breaches that duty and causes injuries, he or she likely can be held liable for negligence.
Damages available in these types of claims may include medical expenses, lost income, diminished earning capacity, repairs to a vehicle, and pain and suffering. Even if more than one party, including the victim, is at fault for an accident, damages still may be recovered. Florida is a pure comparative fault state, which means that compensation is awarded based on each party’s degree of fault for a crash. As a result, a victim who is found to be 40 percent responsible for his or her own injuries, for example, may still receive damages for the remaining 60 percent.
Seek Representation from a Miami Attorney After a Car AccidentIf you or a loved one has been hurt as a result of a crash involving an out-of-state driver, the Miami car accident lawyers at the Law Offices of Robert Dixon can assist you in protecting your legal interests. We also represent people who need a motor vehicle collision attorney in Miami, West Palm Beach, and other cities in Broward, Palm Beach, and Miami-Dade Counties. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation and see how we can help.