There are many theories about why this is, but the bottom line for us as Fort Lauderdale injury lawyers is that many accidents involve an uninsured driver. This poses some definite challenges in terms of how we approach an injury case.

You can still often recover damages if you’re injured in a crash with a driver who isn’t insured, but it will depend on your own coverage, the personal finances of the at-fault driver, who owns the vehicle that was driven and whether any third-parties were at-fault.

Car Insurance Laws in Florida

Florida requires residents to carry a minimum level of insurance if they want to be road-legal. This includes $10,000 in personal injury protection (PIP) and $10,000 in property damage liability coverage. You must have this before you can even register your car, and it must be maintained, whether you drive it regularly are not. Failure to show proof of insurance upon request by a law enforcement officer can result in a three-year license suspension, with a $500 reinstatement fee.

PIP coverage is part of the state’s no-fault insurance law. This coverage is intended to provide up to $10,000 for the policyholder and his/her passengers – regardless of who was at fault. This $10,000 covers a portion of medical expenses and lost wages. But $10,000 only goes so far in a serious crash. Florida does not require bodily injury liability coverage, but those who don’t have it are personally responsible to cover at least $20,000 in damages. Without insurance, that’s quite difficult.

If you have health insurance, it’s probable a good portion of your medical bills will be covered – regardless of the other driver’s insurance status.

If your injuries are serious, you can step outside of the no-fault system and pursue a bodily injury claim.

Options for Those Involved in Crashes With Uninsured Drivers

Motorists who are seriously injured in a crash caused by an uninsured driver always have the option of suing that driver personally. It’s wise to talk to a personal injury lawyer first to determine whether this is a measure worth pursuing. A negligent driver lacking adequate personal assets may make any lawsuit a wash – or even a loss. But we can look into a negotiated payment schedule that could be enforced by the court. Other options for collecting a personal injury debt may include:

• Garnishing the defendant’s wages or bank accounts.
• Imposing a lien on their non-homestead real estate.
• Seizing personal property.

His/her driver’s license could also be suspended until the debt is paid.

But if this is not an option or does not come close to covering the full extent of your losses, you have some options.

First, we need to make sure that there are no other liable defendants. Other drivers, vehicle parts manufacturers and others may be liable to provide coverage if they were in any way negligent in causing the crash or exacerbating your injuries.

We’ll also look carefully at who owns the car. Florida considers motor vehicles to be dangerous instrumentalities. If someone permits another to drive their vehicle, the owner can be held legally responsible for the negligence of the driver.

Finally, we’ll look at your own uninsured/underinsured motorist (UM/UIM) policy. These aren’t required in Florida, but they come standard with most insurance policies. Once you establish that the other driver was at-fault and that he/she does not have the means to cover the full extent of your injuries, you can seek payment from your UM/UIM insurer.

If you have questions about how to collect damages from the at-fault driver in your South Florida crash, our Fort Lauderdale car accident lawyers can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Driving without insurance in Florida, February 2021, Bankrate.com

Fort Lauderdale car accident lawyers can explain that when a vehicle defect or defective vehicle part plays a role in a crash or exacerbation of injuries, product liability claims may be filed against the auto maker.

Tesla is among the latest to come under intense scrutiny after a number of serious injuries and fatalities resulting from a range of alleged defects that plaintiffs in numerous injury and wrongful death lawsuits say rendered their electric cars unreasonably dangerous.

Defects in Batteries, Door Handles and Autopilot Feature Alleged

A recently-filed Broward County wrongful death lawsuit alleges a 48-year-old anesthesiologist and father-of-five was killed in a Davie crash after he lost control and crashed into a palm tree. He suffered no broken bones from the crash, but when the vehicle battery burst into flames, he was trapped. First responders were on scene and ready to help, but were reportedly unable to gain access because the Model S retractable door handles malfunctioned, rendering them inaccessible. This, wrongful death attorneys say, resulted in an unreasonably dangerous fire risk.

Tesla advertises its cars as “the safest on the road,” but the National Highway Traffic Safety Administration is currently investigating possible battery defects in the company’s vans and SUVs in Model S and Model X vehicles made between 2012 and 2019 that that may cause some to spontaneously burst into flames.

In addition to reportedly inaccessible doors and spontaneous combustion risk, Tesla has also come under fire for its Autopilot feature. In August, a wrongful death lawsuit alleged a 50-year-old man who died in a Palm Beach County car accident while operating a Model 3 while the Autopilot feature was engaged. Neither the system nor the driver stopped the vehicle from impact. The company markets the feature as allowing for “full self-driving capability,” but then conversely warns drivers to pay attention and keep their hands on the wheel. Two other wrongful death lawsuits stemming from fatal crashes last year – one on the Florida Turnpike and another in Fort Lauderdale – make similar complaints.

This summer, the Insurance Institute for Highway Safety released a study concluding the names that vehicle manufacturers use for these automated systems (particularly “autopilot”) send a misleading message to drivers, no matter what the fine print.

Proving Vehicle Defect in a Fort Lauderdale Car Accident Lawsuit

In Florida product liability lawsuits against vehicle manufacturers, cars or their components can be deemed “defective” either by design, manufacture or marketing. A defective design indicates it was flawed and unreasonably dangerous because of the way the company designed it. Defective manufacturing means something went wrong in the manufacturing or shipping process that rendered the vehicle unsafe, even if the design itself didn’t pose any hazards. Defective marketing occurs when an automaker knows about a certain defect (or should know about it) but fails to give consumer warnings or properly label with sufficient instruction.

Common vehicle defects that can be a factor in car accidents include faulty:

• Wiring
• Airbags
• Tires
• Fuel systems
• Computers
• Seat belts

These cases tend to be quite complex and often difficult to prove. It’s imperative to hire an injury law firm with both the resources, experience and track record to help pursue your injury or wrongful death case.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Tesla sued for ‘defective’ Autopilot in wrongful death suit of Florida driver who crashed into tractor trailer, Aug. 1, 2019, By Soo Youn, ABC News

Man fatally burned in fiery Tesla crash after door wouldn’t open, lawsuit alleges, Oct. 24, 2019, By Catherine Thorbecke, ABC News

More Blog Entries:

Why Those Injured in Car Accidents are Required to Repay Health and Auto Insurers, Oct. 12, 2019, Fort Lauderdale Car Accident Lawyers Blog

Each can be deadly if encountered on a roadway by a vehicle. Now, the latest report from the AAA Foundation for Traffic Safety indicates that not only is road debris a serious and deadly problem, it’s one that is increasing in prevalence.

Previous research by the organization indicated there were approximately 25,000 crashes every year attributable to debris in the road, with most of those situations involving debris that fell off or was thrown from other vehicles. These incidents resulted in approximately 90 deaths annually. That was in 2001. Today, researchers say that figure has doubled, with more than 50,000 police-reported crashes every year involving road debris, resulting in more than 9,800 injuries and approximately 125 deaths. These latest figures were based on data collected between 2011 and 2014, during which time there were a total of 200,000 crashes resulting in 39,000 injuries and 500 deaths.

Compared to car accidents that didn’t involve road debris, debris-related wrecks were almost four times as likely to happen on interstate highways. Almost 40 percent of all deaths stemming from road debris happened because a driver tried to swerve to avoid hitting the object.

This study included in its numbers debris that was attributable not just to vehicle sources, but to others as well, including fallen tree branches that hadn’t yet been cleared from the road. Researchers said they included a greater range of road debris types because, “Debris from any source including but not limited to vehicles can pose a significant safety hazard.”

Our Fort Lauderdale car accident lawyers know this latest report sheds light on a dangerous problem and raises questions about liability in these situations. When road debris – either in whole or in part – causes a motor vehicle crash, sorting out issues of responsibility and who should pay can be challenging.

First, we would want to identify whether the road debris was left by a known third party. For example, if a nearby homeowner fails to trim a tree that dangerously overhangs a roadway and one of the branches fall to the ground, creating a roadway obstruction, that could be grounds to assert liability. If the debris in the road were caused by cargo that fell off the back of a commercial truck, one might take action against the company.

Secondly, we would want to know if the debris existed in the road for such a period of time that the responsible government agency should have taken action, but failed to do so.

Almost two-thirds of debris-related crashes during the study period were reportedly the result of items falling out of or from a vehicle as a result of improper maintenance and/ or drivers not properly securing the load.

Interestingly, drivers who crashed into or were struck by debris were substantially more likely to be men, as compared to drivers involved in non-debris-related crashes. It’s not very clear why, though researchers hypothesize it may have something to do with the fact men have a greater tendency to speed, which has been shown to have an effect on the severity of these crashes.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

The Prevalence of Motor Vehicle Crashes Involving Road Debris, United States, 2011– 2014, August 2016, AAA Foundation for Traffic Safety

More Blog Entries:

Gearhart v. Mutual of Enumclaw Ins. Co. – Car Accident With Underinsured Motorist, August 10, 2016, Fort Lauderdale Car Accident Lawyer Blog