Suppose that you’re driving to work when a tourist driving a rental car mistakenly enters a one-way street and hits your vehicle, causing damage and injury. What are your options?
Collisions involving tourists are common in Florida, since many visitors unfamiliar with the area or local traffic laws get on state roads each year. Being in a car crash is always traumatic and stressful, but it can be even more so if a tourist hits you.
You may not know what your legal options are to recover losses after such an accident. If you’re facing this situation, your next step is to contact a car accident lawyer at a personal injury law firm. Take a closer look at why having representation for car accidents involving tourists is essential in Fort Lauderdale.
Understanding Florida Auto Accident Laws
Florida is a no-fault state when dealing with traffic accidents. According to Florida Statutes § 627.7407, before anyone can register a car or other motor vehicle in the state, they must purchase Personal Injury Protection (PIP) insurance to cover any losses they sustain if they’re in an accident.
No matter who is responsible for the collision, you can turn to your PIP for compensation. The problem, however, is that insurance company only covers certain losses, such as a limited amount of medical expenses and lost wages. If you suffer serious injuries, your insurance will typically not be enough.
That is when you may be able to step outside of no-fault laws and hold the responsible party liable through a lawsuit. Keep in mind that you can still recover losses even if you were partly to blame for the accident — as long as you hold 50% or less of the fault.
In a fault-based claim, you have to prove that the other party acted with negligence. This means demonstrating they owed you a duty of care that they breached and that their conduct resulted in your injuries.
In the example of a tourist colliding with you on your way to work, the driver owed you a duty of care to drive safely and lawfully, which they breached by entering a one-way street incorrectly. If that action led you to suffer serious injuries like fractures, spinal cord injuries, or traumatic brain injuries, you can hold the tourist legally responsible.
Filing a lawsuit can take time, however. It can require that the at-fault party present themselves in court, too, so what does this mean when the accident involves a tourist?
Florida’s Long Arm Statute for Car Accidents
Florida has a law on the books that addresses the problem. Florida Statutes § 48.193, also called the Long Arm Statute, gives authority to the state’s courts to summon out-of-state residents. According to this law, anyone who crosses state lines and enters Florida gives their consent to appear in local courts if they cause an accident.
However, the Long Arm Statute requires that you present substantial evidence that the tourist was accountable for the collision. If there’s minimal proof that they are responsible, they could avoid being summoned to appear in court.
Why Hiring a Fort Lauderdale Auto Accident Lawyer Is Vital
To recover the losses you’ve sustained in a serious collision, one of the most essential steps you can take is to hire a car accident attorney. With representation helping you, it can be significantly easier to present the necessary evidence that can require the tourist to come back to Florida for court.
An auto accident lawyer generally begins the process by assessing the claim and investigating the accident. They may gather traffic camera footage and your own pictures and videos of the accident’s aftermath, as well as reach out to eyewitnesses to get their testimony.
Car accident lawyers also have access to expert witnesses, like accident reconstructionists. These professionals can recreate the collision and provide their testimony to corroborate your claim.
Don’t forget that you’ll be dealing with insurance companies throughout the entire process. Negotiating with them can be a challenge because they often look for any excuse to avoid paying you what you deserve. If you’re not sure of your rights and you receive a low offer, you may be tempted to accept it without realizing that you could be entitled to more.
With a car accident lawyer by your side, you have a chance to recover fair compensation. Your lawyer can aggressively negotiate with insurers, and if a settlement isn’t possible, they can take your claim to court and fight for you there.
Damages You Can Claim After a Car Crash Involving Tourists
When you file a claim against a tourist who caused your injuries, you may be able to claim both economic and non-economic damages.
Economic Damages
Economic damages focus on compensating you for tangible financial losses you sustained. Medical expenses for an injury can fall into this category. These costs include:
- Hospital stays
- Medications
- Rehabilitative sessions
- Ambulance trips
- Medical devices
If you suffer a debilitating injury that requires making changes to your home or car, economic damages could cover these costs, too. They can also take into account any future medical care that you’ll need.
Serious injuries can keep you from working for weeks or months at a time. In the most severe cases, you may not be able to return to work at all. Economic damages can help you recover these losses as well.
Non-Economic Damages
Non-economic damages compensate you for losses that don’t have a price tag. They are more subjective, like loss of enjoyment of life and pain and suffering. To decide on the amount you receive, your lawyer and the insurer consider the severity of your injuries and how they impact your life.
In accidents resulting in the loss of a loved one, non-economic damages compensate you for the loss of companionship and support you have suffered as well.
Getting Help From an Experienced Car Accident Attorney for Fort Lauderdale Residents
If you have sustained serious injuries in a car accident that was the result of a tourist’s negligent or wrongful conduct in Fort Lauderdale, you may be entitled to file a legal claim against them. To do so, you need an experienced lawyer to help you navigate the complex claims process.
At Schrier Law Group, we’ve been protecting the rights and futures of Fort Lauderdale residents for 36 years. We know how devastating it can be to face injuries because of someone else’s actions, and we can fight tirelessly for the justice you deserve. Contact our team to schedule a free consultation today.
