Accidents with Company Vehicles and Florida Law
Florida car accidents can result in personal injuries and damages. If you are involved in an accident that was caused by the driver of a company vehicle, you may be able to seek monetary recovery from both the negligent driver, as well as the driver’s employer (i.e. the company who employed the driver).Florida No-Fault Insurance
Florida law has established a no-fault insurance system that ensures that people who are injured in accidents can recover compensation for their crash-related losses. Consequently, after sustaining injuries in a car accident, the accident victim’s own insurance company will cover his or her medical expenses and lost wages. This is true regardless of who was at fault for the accident. Likewise, under Florida law, an injured car accident victim cannot file a personal injury claim or lawsuit against the at-fault driver (i.e. a claim or lawsuit for damages against that person), unless the accident victim sustained what the law deems a “serious injury.”
In most cases, a car accident victim may file a claim directly against the at-fault driver for the accident in one or more of the following instances:
- The accident victim sustained a permanent injury in the accident.
- The accident victim sustained significant or permanent scarring as a result of the accident.
- The accident victim sustained injuries in the accident which resulted in some type of permanent disfigurement.
In Florida, a company or other legal entity, such as a corporation, limited liability company, or partnership can potentially be held liable for the injuries sustained in a serious car accident. If you have sustained injuries in a Miami auto accident with a company vehicle, you may be able to file a personal injury claim or lawsuit against the following parties:
- The at-fault driver who caused the collision – According to the Florida Traffic Code, drivers must operate their motor vehicles in a reasonable, careful, and prudent manner while on the road. This is especially true when drivers are operating a company vehicle and/or while they are on the job. When drivers operate their vehicles in a careless or distracted manner, resulting in an accident and injuries to someone else, the driver may be deemed liable for all related injuries and damages.
- The vehicle driver’s employer (i.e. a company or some other legal entity) – Florida law imposes strict vicarious liability on an individual who lends a motor vehicle to someone else and who, thereafter, causes a collision. Under Florida’s “Dangerous Instrumentality Doctrine,” the motor vehicle owner may be deemed liable for the accident simply by owing the at-fault vehicle. The vehicle owner/employer may also be responsible based upon a negligent entrustment, negligent supervision, or negligent hiring theory of recovery. These legal theories are sometimes available in cases where the at-fault driver was a known risk or caused a prior motor vehicle accident while operating a company vehicle on company time.
Serious Miami car accidents can result in long periods of medical treatment and recovery time.
If you have sustained personal injuries in a collision, you may be eligible to pursue monetary compensation under the law. The knowledgeable car accident lawyers at Gerson & Schwartz, P.A. are aggressive litigators and may be able to pursue monetary recovery on your behalf against any and all responsible persons. If the insurance company refuses to offer an appropriate settlement amount, our attorneys are ready and willing to take your car accident case to trial in the Florida courts.Call a Miami Car Accident Lawyer Today to set up a Free Initial Consultation and Case Evaluation
Florida car accidents can be traumatic experiences, both physically and emotionally. The car accident lawyers at Gerson & Schwartz, P.A. can seek recovery on your behalf from all potentially responsible parties. To schedule a free consultation with one of our lawyers, call us today or send us an email through our online contact form.