Florida has specific laws that govern insurance coverage, liability, traffic violations, and deadlines for filing car accident claims. After a crash, these rules can feel confusing and overwhelming, especially when dealing with injuries, vehicle damage, and medical bills. This guide overviews Florida’s insurance requirements, comparative fault rules, and other key traffic laws you may encounter in a traffic accident.
You don’t have to face the aftermath of a car accident alone. The Florida car accident lawyers at Farah & Farah can guide you through the legal process, handle insurance claims, and fight to ensure you receive the compensation you need to recover and move forward.
Table of Contents
Florida’s Car Insurance Requirements
Understanding Florida’s Modified Comparative Negligence Law
Florida Distracted Driving and Cell Phone Laws
Pedestrian Rights and Laws in Florida
Florida Hit and Run Laws and Penalties
Florida DUI Laws and Penalties
Reckless and Aggressive Driving Laws in Florida
Other Common Traffic Laws in Florida
Florida’s Car Insurance Requirements
Florida law requires all drivers who register a vehicle in the state to maintain a specific minimum level of insurance coverage. These requirements aim to ensure that motorists can cover costs after a crash. Drivers must carry the following types of coverage:
- Personal injury protection, or PIP: Florida requires a minimum of $10,000 in PIP coverage. This coverage pays for medical expenses and lost wages after a crash, regardless of who is at fault.
- Property damage liability, or PDL: Drivers must carry at least $10,000 in PDL. This coverage pays for damage you cause to another person’s property in a crash.
Failure to maintain insurance coverage could result in suspension of your driver’s license and vehicle registration, and fines.
Read more: What Happens When a Car Accident Claim Exceeds Insurance Policy Limits?
Understanding Florida’s Modified Comparative Negligence Law
Florida follows a modified comparative negligence law when determining liability in car accidents. Under this system, insurers or courts assign a percentage of fault to each party involved and adjust damages accordingly.
Drivers who are 50% or less at fault may recover compensation, but their compensation is reduced by their share of the fault. For example, a driver who has sustained $100,000 in damages and is 30% at fault for a crash can recover $70,000. Drivers who are 51% at fault or greater cannot recover any compensation.
Insurance companies may try to shift blame onto the injured person to reduce payouts, highlighting mistakes or traffic violations that may have contributed to the crash. Even a small percentage of fault can lower your compensation. A skilled Florida car accident lawyer can defend your rights, challenge these tactics, and fight for the recovery you deserve.
Florida Distracted Driving and Cell Phone Laws
Distracted driving occurs when a driver takes their eyes off the road, their hands off the wheel, or their mind off driving. Florida has enacted strict laws to curb these behaviors and reduce the risk of accidents, whether caused by texting, using a phone, or other distractions.
Under Florida Statutes § 316.305, drivers may not manually type or enter multiple letters, numbers, or symbols into a wireless device to text, email, or message while driving a moving vehicle. A first offense is a non-moving traffic violation with a base fine of $30, excluding court costs and other fees, and no points are added to the driver’s license. A second offense within five years becomes a moving violation, carrying a $60 base fine and three points on the driver’s license.
Florida Statutes § 316.306 prohibits holding a wireless device while driving in school zones, school crossings, or active work zones, though drivers may use devices in hands-free mode. A first offense in these areas is considered a moving violation, carrying a $60 fine and three points.
Pedestrian Rights and Laws in Florida
Pedestrians in Florida have legal rights when crossing roadways, but they also share responsibility for their own safety. The law outlines when drivers must yield and when pedestrians must yield to vehicles.
Under Florida Statute 316.130, drivers must yield to pedestrians who are crossing the road in marked or unmarked crosswalks at intersections. A driver may not pass another vehicle that has stopped to let a pedestrian cross the road.
Pedestrians must also act responsibly. They cannot suddenly walk into traffic when vehicles are too close to stop safely. When sidewalks exist, pedestrians should use them. If no sidewalk is available, pedestrians should walk on the shoulder facing traffic, with caution. Pedestrians crossing outside a crosswalk must yield to vehicles.
Florida Hit and Run Laws and Penalties
Florida law requires a driver involved in a crash to stop immediately at the scene if the collision causes property damage, injury, or death. Failing to stop and remain at the scene is a serious offense and can result in severe penalties.
When a crash results in only property damage, leaving the scene is a second‑degree misdemeanor. A conviction can carry up to 60 days in jail and a fine of up to $500. If a driver cannot locate the owner of the damaged property, they must leave their contact information in a visible place.
If the crash causes injury to another person, leaving the scene becomes a felony. Drivers convicted of a hit and run in Florida that results in injury face up to five years in prison, a fine of up to $5,000, and a driver’s license revocation for at least three years. For crashes that result in death, the offense is a first‑degree felony with a mandatory minimum four‑year prison term, possible imprisonment of up to 30 years, and a fine as high as $10,000.
Florida DUI Laws and Penalties
It is illegal to drive under the influence of alcohol or drugs. In Florida, a driver is legally impaired if they can no longer safely operate a vehicle or if their blood‑alcohol level, or BAC, is 0.08% or higher.
A first drunk driving conviction can lead to fines ranging from $500 to $1,000 and up to six months in jail. If the driver’s BAC was 0.15% or higher or a minor was in the vehicle, penalties increase. In such cases, fines range from $1,000 to $2,000, and jail time can be as long as nine months.
A second DUI offense carries higher fines of $1,000 to $2,000 and up to nine months in jail. When the second offense occurs within five years of the first, the driver must serve at least 48 hours in jail. A third conviction can result in fines of up to $5,000 and longer imprisonment.
Other penalties, such as DUI school or longer imprisonment periods, may be imposed depending on the circumstances of the crash.
Reckless and Aggressive Driving Laws in Florida
Florida defines reckless driving as operating a vehicle in a way that shows willful or wanton disregard for the safety of people or property. Such behavior can include high‑speed maneuvers, erratic lane changes, or fleeing a police officer.
A first offense under Florida Statutes § 31 6.192 can carry up to 90 days in jail and a fine of up to $500. Repeat offenses bring tougher penalties, including up to six months in jail and fines up to $1,000. If reckless driving causes injury or damage, prosecutors can pursue more serious charges with higher penalties.
Florida law also addresses aggressive, careless driving. Statutes describe aggressive behavior as the commission of two or more unsafe driving acts, such as excessive speed, improper passing, or failure to yield. This conduct can result in enhanced penalties.
Other Common Traffic Laws in Florida
Below are other laws governing drivers that are often relevant in traffic accidents:
- Lane changes and left turns: Drivers should change lanes only when it is safe to do so, and must signal when doing so. For left turns, drivers must yield to oncoming traffic that is close enough to be a danger.
- Stop signs: Drivers must come to a full stop at stop signs, marked lines, or crosswalks, and yield to vehicles and pedestrians with the right of way before proceeding.
- Speeding: Drivers must obey posted speed limits at all times. Exceeding the limit is a moving violation under Florida Statutes § 316.183.
- Seatbelts: Under Florida Statutes § 316.614, all drivers, front-seat passengers, and passengers under the age of 18 are required to wear seatbelts. Failure to wear a seatbelt can result in a seatbelt violation.
- Reporting car accidents: Drivers involved in a crash that results in injury, death, or property damage exceeding $500 must report the accident to law enforcement.
Statute of Limitations for Florida Car Accident Claims
Florida imposes a time limit on when you must file a lawsuit after a car accident. For most personal injury claims, the Florida statute of limitations allows two years from the date of the crash to file a lawsuit. If you do not file within that window, the court will likely dismiss your case, and you will lose your legal right to compensation.
A few exceptions in state law may extend or pause the filing deadline, such as when the injured person is a minor or the responsible party cannot be identified or located. Because the consequences of missing the statute of limitations are serious, consult an experienced Florida car accident lawyer soon after a crash to protect your rights to compensation.
Get Legal Help for Your Florida Car Accident Claim Today
At Farah & Farah, our attorneys are well-versed in the complexities of Florida’s laws, including insurance requirements, fault rules, and the impact of traffic violations on accident claims. With more than $2 billion recovered in settlements and verdicts for clients, our firm has the experience and proven track record to take on insurance companies and fight for the compensation you deserve.
Contact us online or call (877) 245-6707 today for a free, no obligation consultation to learn about your legal options.
