What Should I Do If I Was Hit on the Back Driver Side at a Stop Sign in Florida?

Question from Sat, What Should I Do If I Was Hit on the Back Driver Side at a Stop Sign in Florida?

Answer from AI:

If you were hit on the back driver side while stopped at a stop sign in Florida and could not see the speeding car due to obstacles, there are several steps you should take to address the situation. Understanding your rights and responsibilities can help you navigate the aftermath of the accident.

Steps to Take Immediately After the Accident

1. **Ensure Safety**:
– Check for injuries and call 911 if anyone is hurt.
– Move to a safe location if possible, but do not leave the scene.

2. **Contact Law Enforcement**:
– Florida law requires you to report accidents that result in injury, death, or significant property damage. Call the police to file a report.

3. **Exchange Information**:
– Exchange contact and insurance information with the other driver.
– Collect names, addresses, phone numbers, and insurance details.

4. **Document the Scene**:
– Take photos of the accident scene, vehicle damage, and any relevant road conditions or obstacles.
– Note the time, date, and weather conditions.

5. **Gather Witness Information**:
– If there are any witnesses, collect their contact information and statements.

Understanding Fault and Liability

In Florida, determining fault in a car accident can be complex, especially when obstacles obstruct your view. Florida follows a “comparative negligence” rule, meaning that fault can be shared between parties. Here are some key points:

– **Stop Sign Rules**: Drivers must come to a complete stop at stop signs and yield to oncoming traffic. However, if obstacles prevented you from seeing the speeding car, this could impact fault determination.
– **Speeding**: If the other driver was speeding, they might share a significant portion of the fault.
– **Obstacles**: Documenting obstacles that blocked your view can be crucial evidence.

Insurance and Compensation

Florida is a “no-fault” state, meaning your own insurance will cover your medical expenses and lost wages up to a certain limit, regardless of who caused the accident. Here’s what you need to know:

1. **Personal Injury Protection (PIP)**:
– PIP covers medical expenses and lost wages up to $10,000.
– You must seek medical treatment within 14 days of the accident to be eligible for PIP benefits.

2. **Property Damage Liability**:
– The at-fault driver’s insurance should cover the damage to your vehicle.

3. **Filing a Claim**:
– Contact your insurance company to report the accident and start the claims process.
– Provide all necessary documentation, including the police report and photos.

When to Consult a Legal Professional

While the above steps provide a general guideline, consulting with a legal professional is advisable in certain situations:

– **Disputes Over Fault**: If there is a disagreement about who is at fault, an attorney can help gather evidence and represent your interests.
– **Serious Injuries**: If you or a passenger sustained serious injuries, legal advice can help ensure you receive fair compensation.
– **Insurance Issues**: If your insurance claim is denied or you encounter difficulties with the insurance company, an attorney can assist.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

– [Florida Department of Highway Safety and Motor Vehicles](https://www.flhsmv.gov/)
– [Florida Statutes on Motor Vehicle Accidents](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/0316.html)

Remember, while this guide provides general information, it is not a substitute for personalized legal advice. Always consult with a qualified attorney to address your specific circumstances.