Getting rear-ended while waiting at a stoplight, stuck in traffic, or—worst of all—driving at highway speeds along Interstate 10 can be a jarring and potentially life-changing experience. Unfortunately, it can also be a deceptively difficult auto accident to build a strong civil claim around. When it comes to getting good results from cases built around rear-end car accidents in Pensacola, there is no substitute for the support of an experienced lawyer from Emmanuel Sheppard & Condon.
Below is a brief overview of how cases of this nature tend to work in practice, each aspect of which one of our seasoned car crash attorneys can go into more detail about during an initial consultation.
Understanding the No-Fault Car Accident System
Florida is one of 12 states nationwide that takes a no-fault approach to auto accident litigation. Under this system, all licensed drivers are required to buy at least $10,000 worth of personal injury protection (PIP) insurance coverage in addition to standard liability insurance. Most of the time, someone who gets hurt in a car crash in Florida can only file suit against the person at fault for their wreck if they have already exhausted their own PIP coverage, which is supposed to cover 80 percent of crash-related medical bills and 60 percent of lost short-term work wages up to policy limits.
Once that coverage is exhausted, the injured person can then file suit against the at-fault driver for the remainder of their medical bills and lost work income. They can also seek restitution through the at-fault driver’s liability insurance for things like auto repair bills. However, it may not be possible to recover for non-economic losses—for example, physical pain and suffering—caused by a rear-end car crash in Pensacola unless the collision caused a serious injury with permanent and debilitating repercussions.
Other Possible Obstacles to Financial Recovery
Even if you are allowed to step outside the no-fault system and file a lawsuit after being rear-ended in Pensacola, you are still subject to the statute of limitations applicable to car accident claims and most other personal injury cases. Under Florida Statutes § 95.11, you generally have two years at most to file suit after initially sustaining your injury, after which point you will almost certainly be time-barred from ever receiving civil compensation for that specific incident.
On top of that, it is not unheard of for drivers who get rear-ended to be found partially at fault for causing that accident through their own negligence—for instance, suddenly swerving out in front of a speeding oncoming driver. If a court agrees that you hold some of the blame for your wreck, that court may assign you a percentage of comparative fault and reduce your final damage award by that same percentage per FL Stat. § 768.81.
A Pensacola Attorney Can Help With Your Rear-End Car Accident Claim
None of what is written above should be taken to mean that getting fair financial recovery is impossible after a rear-end car accident in Pensacola. However, it should emphasize how important it is to have help from dependable legal counsel throughout every stage of this sort of claim, especially if you are dealing with serious and long-lasting injuries as a result of your wreck.
A conversation with a knowledgeable lawyer from Emmanuel Sheppard & Condon will help you better understand your recovery options and put you on course towards the best possible case result. Call today to set up a meeting.
