Understanding Florida’s No-Fault Law

It’s important for Texas lawyers to know about laws in other states, even if Texas doesn’t share the same laws. There are several reasons this is important, but one of the most important reasons is for comparison purposes. 

For instance, Harrison County Bar Association was studying some car crashes in Tampa when we were reminded that Florida uses a no-fault system for car accident cases.

This might not seem important because Texas uses a fault system, but we felt that understanding no-fault laws in Florida could help attorneys to build stronger cases in Texas.

Read on to learn more about Florida’s no-fault car accident laws.

No-Fault Law in Florida

The state of Florida handles auto wreck cases through a system that has been coined “no fault.” This system operates under the belief that all car crash victims should pay for their own injuries and damages using their own auto insurance and personal injury protection (PIP) benefits. This insurance system doesn’t take into consideration who was to blame for the accident.

Each driver in a vehicle crash will pay for their own accident-related losses. The personal injury protection benefits will help those injured in the crash pay for medical care costs and it can compensate them for lost wages.

There is one major issue with this system: it doesn’t hold the person who caused the accident accountable. That means there is no justice for reckless, negligent, or wrongful actions. How can people learn from their mistakes if they aren’t held accountable for what they’ve done?

There is an exception to this no-fault law: serious injury. If a person is seriously hurt in a car crash in Florida, then they can sue the person who caused the accident.

Comparing No-Fault Laws to Fault Laws

You probably already know that the car crash system in Texas is fault based. However, knowing about no-fault laws can help you when you’re building a client’s car accident case. 

You can point out the injustice in failing to hold at-fault parties accountable, for example. You could paint the picture for the court how fault laws could prevent auto wrecks by making sure the person who caused the car accident learns from their mistakes.

Helping You Be the Best Lawyer Possible

Was this information on Florida’s no-fault law helpful for you? We hope so. Harrison County Bar Association will be back with more legal topics and information to help you be the best lawyer possible.