Following a car accident, it can sometimes be hard to ensure that all the necessary details are taken care of. The adrenaline from the accident paired with needing to exchange information with the other parties, taking photographs of the damage, vehicles, and the scene, and calling local authorities can be an overwhelming process.
Although there is a lot of discussion as to what to do immediately after an accident takes place, there is significantly less discussion about what happens after the logistical tasks of exchanging insurance information and cataloging the accident are over. Many people assume that after an accident happens, sitting in or near their disabled vehicle on the side of the road is safe while they figure out the next steps. Unfortunately, this is not always the case—and choosing to do so without moving your vehicle can often have deadly consequences.
According to a recent news report, a Miami woman was killed after being struck while sitting in her disabled vehicle. The woman had been in a separate accident earlier and was sitting in her sedan in the left-hand lane of the turnpike when two sedans crashed into her. The first sedan rear-ended the Miami woman’s vehicle, which forced it into the concrete median and spun it around. The second car struck the driver’s side of the Miami woman’s car. Local authorities pronounced the woman dead at the scene, and one of the passengers of the sedans suffered serious injuries.
In Florida, there are specific laws addressing disabled vehicles, especially when they are obstructing traffic. When a disabled car on a street or highway within Florida is obstructing the regular flow of traffic, drivers are required to move their vehicles as soon as possible. If the vehicle cannot be moved without assistance, Florida drivers are required to solicit help so that their car does not obstruct the flow of traffic.
If a disabled vehicle is obstructing the regular flow of traffic and causes an accident, you may have grounds to file a personal injury claim in civil court. Should you decide to pursue such a claim, however, it is important that you understand Florida’s comparative negligence rule, which may affect the success of your case.
Under Florida’s comparative negligence rule, the amount of compensation you are entitled to receive is reduced by the percentage of fault you are responsible for in the accident. For example, in an accident such as the one described above, the Miami woman may have been responsible for 80 percent of the accident by obstructing the road, but if one of the drivers was also texting while driving, they may be responsible for 20 percent of the accident and have their damages reduced accordingly.
Do You Need a Florida Personal Injury Lawyer?
If you or someone you know was recently involved in a Florida car accident, contact the attorneys at Friedman Rodman Frank & Estrada for assistance. Our lawyers fight for the injured and will provide you with the support and experience you need to pursue your claim with ease. To schedule a free consultation, call us at 877-448-8585 today.