If you were in a car accident because of bad weather, you may still be able to seek compensation for your injuries. Any time another car is involved in a car crash, you may have grounds to file a claim against them if they were at fault for the crash. In some situations, this may be complicated because of the dangers of driving in the rain, so you should consider taking your case to a Miami car accident lawyer for help. Prosper Shaked Accident Injury Attorneys PA may be able to take your case and help you get compensation for your injuries. Our attorney explains how you may be able to file a lawsuit for damages after a bad weather car accident.
Can You Sue for Weather-Related Car Accidents in Florida?
Whether you can sue for a car accident in Florida depends on whether you qualify for a lawsuit under Florida’s no-fault insurance rules. After qualifying, you must also be able to prove that you have grounds for a lawsuit and have an at-fault party to sue. These elements depend heavily on the specifics of your car crash.
If you suffered serious injuries, you may qualify for a car accident lawsuit. Florida’s no-fault rules require drivers to take their case to their insurance company rather than filing a lawsuit, unless they meet certain standards. First, there is a verbal threshold you will meet if your injuries are “permanent.” Injuries that cause permanent effects and interfere with bodily functions unlock your right to sue, as do wrongful death cases where a loved one was killed in a car accident. Alternatively, the monetary threshold allows you to take your case to court if it is worth at least $10,000. Talk to an attorney to see if your case can meet these thresholds and qualify for a lawsuit.
Perhaps a more fundamental requirement for a car crash lawsuit is that there must be someone else you can sue. If you were involved in a single car crash, you may be able to get compensation from your insurance policy, but you might have no one to sue for damages. No-fault insurance rules mean that you can get coverage even if there was no one else involved in the crash. If your crash did involve multiple vehicles, then you may be able to sue them if they were the ones who caused the accident.
To win a car accident lawsuit, you must prove that the other driver was at fault for the crash. A driver would be at fault for a crash if they did something objectively wrong for the situation that led to the crash. A driver who was doing everything they could to avoid fishtailing or losing control during a storm might not be liable, even if their car “caused” the accident. However, if they were driving too fast for the road conditions, driving on bald tires, texting while driving, or otherwise driving unsafely during bad weather, they are likely at fault for the crash and could be made to pay damages.
Suing for Car Accidents in Bad Weather
Filing a lawsuit is a complex process. The case starts with a complaint, where you and your attorney allege what the other driver did wrong. From there, the case will go back and forth between both side’s lawyers to clarify and argue the basic facts of the case. After that, evidence is exchanged and the case is scheduled for trial. At trial, the case is finally decided after you present your case to the jury. There are certain things you must prove at trial to get the compensation you need.
First, you must prove the other driver’s fault. As mentioned, you must point to something that the driver did wrong, such as speeding, running a red light, driving drunk, or driving too fast for the road conditions. In addition, you must prove that this mistake caused the accident. If the accident would have happened regardless, due to the bad weather, then you may not win the lawsuit. Your attorney can help fight your case and work to overcome defenses like this.
As part of your case, you must also prove the damages you suffered. This includes providing proof of the injuries you faced, the cost of medical bills, the wages you lost from missed work, and other harms you suffered. While insurance might cover damages for medical expenses and lost wages, you may need to take your case to court to receive direct compensation for your pain and suffering and emotional distress.
Contact Our Miami Car Accident Lawyer Today for a Free Consultation on Your Case
If you or a loved one was injured in a car crash because of bad weather, contact Prosper Shaked Accident Injury Attorneys PA today. Miami personal injury lawyer Prosper Shaked may be able to take your case and fight to get you the compensation you need. To schedule your free consultation, call us today at (305) 694-2676.