Lawyers, Answer Questions  & Get Points Log In
Florida Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Small Claims for Florida on
Q: When requesting a motion to appear telephonically do I need to state the reasons why I would rather appear virtually?

The court is in Florida and I live in Georgia. Do I need to put in the motion a reason such as distance or can I just request to appear virtually and leave it at that?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Yes, of course you should give your reasons. It is up to the judge, and if you don't give your reasons it is more likely that the motion will be denied.

1 Answer | Asked in Car Accidents for Florida on
Q: Florida Does a left turning car with the green arrow have the legal right of way over a right turning car?

Maybe It's a misconception on my part. As far as I've learned, in the state of Florida, a green arrow gives right-of-way for left turns, but it does not give them the right-of-way to make a U-turn.

I could be wrong here, so that's why I'm asking someone more qualified to answer.

Charles M.  Baron
Charles M. Baron answered on Jul 28, 2021

That's easy - just look at the traffic signals statute, Fla. Statutes Sec. 316.075, at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.075.html Regarding green arrows, it states: Vehicular traffic facing a green arrow... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: In an accident and the other driver did not stop. Am I still liable if they return and did they still commit a crime?

I was at fault because I was reversing from a parking spot. The driver hit me on the left rear side, but didn’t stop. They left so I called the cops and told them it was a hit and run. A couple minutes after the call was made, the vehicle came back to the scene. Did they commit a crime and if so,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

Because the driver returned in a "couple minutes", it is arguable that they didn't commit a crime, but at any rate, they probably won't be prosecuted. It doesn't affect your civil liability (or criminal culpability either if you mean to ask that). Did you report it to your insurance company?

2 Answers | Asked in Car Accidents for Florida on
Q: Being sued for a car accident involving an employee. Forwarded summons to insurance but they have not responded.

Insurance responded and turned it over to their attorney. But at this point I don't know what is going on as they aren't communicating.

Michael P Mayoral
Michael P Mayoral answered on Jul 18, 2021

Call your insurance company and notify them about the incident. You don't want to wait for them to receive the summons and/or respond. Get someone on the phone.

View More Answers

2 Answers | Asked in Car Accidents for Florida on
Q: I was cited a ticket for driving to close, a car was in front of me when he stopped in the flow of traffic attempting

To get in the turning lane that was full

Charles M.  Baron
Charles M. Baron answered on Jul 10, 2021

You did not ask a question. You must re-post with a question.

View More Answers

1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: If "A" clearly ran a stop sign and t-boned my truck, how can he have insurance without pip? Witnesses -yes Lose my trk

I lose my trk to the towing co. I had basic coverage and shared no responsibility in the crash. I hurt my hip.

Charles M.  Baron
Charles M. Baron answered on Jun 21, 2021

If the other vehicle is one with 4 wheels, it is not possible for it to have auto insurance that excluded PIP - but in any event, that driver's PIP coverage, if any, would be for the purpose of covering THAT driver's medical bills. It is the LIABLITY coverage of that driver's policy... Read more »

2 Answers | Asked in Car Accidents for Florida on
Q: the guy is asking for a jury.

it also states that the guy had disfigurement and will now be disabled. do i need to protect my proerty

Charles M.  Baron
Charles M. Baron answered on Jun 2, 2021

I'm assuming from your question that you have already confirmed with your insurance company that you have no bodily liability coverage. Had you purchased such coverage, the insurance company would have to provide you with an attorney at no cost to you. If you did not purchase such coverage,... Read more »

View More Answers

1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Q: Can I get into trouble for almost hitting a pedestrian and almost causing an accident at the same time?

I had the green light at an intersection, but not an arrow. As soon as a group of cars clear the road, I saw an opportunity to turn left, but I did not fully pay attention to the intersection. A high school student was crossing the road and didn't see whether she had the crosswalk light or not... Read more »

Brandon Labiner
Brandon Labiner answered on Jun 1, 2021

I am uncertain if you are worried about the footage being used for a personal injury lawsuit by the pedestrian or as grounds for giving you a traffic ticket. To answer your questions directly, though, yes, they could turn over the footage. It seems unlikely that the driver would turn over the... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Florida on
Q: if i am getting sued for someone not on my insurance wreaks my vechial can they take my property
Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

So someone not on your insurance wrecked your vehicle. I assume that whoever is suing you was damaged in the same accident. Did your insurance carrier deny coverage? If the court enters judgment against you (on the theory perhaps that you negligently let someone use your vehicle), yes, the... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: An insured car damaged my property. The driver was not the owner of the car. Can I go after the ins. co. for damages?

The police were called and a police report was filed.

Charles M.  Baron
Charles M. Baron answered on Apr 30, 2021

If the owner of the car gave permission to the driver to drive it, the owner is liable, and if the owner was insured, then, yes, you would set up a claim with the owner's insurance company. If you don't know if the owner gave permission, you would set up the claim anyway, and then the... Read more »

1 Answer | Asked in Car Accidents and Consumer Law for Florida on
Q: We bought a used car, and the brakes failed while driving home, causing an accident. What is the dealer responsibility?

Nobody was hurt in the accident. ABout 3K damage was done to the car. The brakes failed. A police report was written documenting that fact. The dealer doesn't want to take responsibility for anything and expects the buy to pay for all repairs caused by the accident. Also, the dealer... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 8, 2021

That cannot be answered without analyzing all of the facts of the situation, including a review of the purchase contract. If you bought the car "AS IS", that would be a strike against you, but in limited circumstances, that can be dealer liability even with that kind of contract. Seek a... Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Florida on
Q: ell us a little more so we can help you. Your Question:edit text Okay my son didnt havel

Can they charge him with homicides by traffic if the convict him of neuroscience

Tom Murphy
Tom Murphy answered on Apr 7, 2021

We are eager to answer your question. Try asking it again, and include more information.

2 Answers | Asked in Car Accidents for Florida on
Q: Can you sue the DMV for allowing a person with a Mexico driver license to register a car and then that car hits you.

The driver only had basic insurance so we got nothing for injuries or loss of work. We had to use our insurance for that.

Charles M.  Baron
Charles M. Baron answered on Mar 19, 2021

Sorry to hear that. Your inquiry is a bit short on facts, but I'm assuming you mean that the Fla. Dept. of Highway Safety and Motor Vehicles (DHSMV) mistakenly allowed a person with no Fla. driver's license to register a vehicle, then that same person drove that vehicle and caused an... Read more »

View More Answers

2 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

Charles M.  Baron
Charles M. Baron answered on Feb 23, 2021

There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Florida on
Q: If a wreck happened in FL where I can file a Head of Household to stop wage garnishment, can I move out of the state?

I was in a car accident 2 years ago in Tampa, FL. I rear-ended the car in front of me, and the car behind me hit me causing me to hit them again. The damage to the front car was split evenly between me and the back car. Everything was settled up except for a letter they sent my insurance about a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 21, 2021

If you change your residence to another state, they can sue you in that other state. The statute of limitations may be longer there, so don't count on a 4-year SOL. Also, exemption statutes vary from state to state, so what you assume protects you from garnishment if you are head of... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: I’m the passenger in a hit and run. What are my rights
David Tapalian
David Tapalian answered on Feb 4, 2021

You have a lot of rights. It really depends upon what your specific question is. Were you injured? If so, you would have the ability to go after those who are at fault for your injuries, including the driver and of course you could potentially use Florida PIP. If you present a more specific... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: Who is responsible for auto damage? I loaned my truck to neighbor whose car died. Agreement was in was in writing.

He was on way to his work and says another vehicle hit him and caused him to go into ditch. Other vehicle left scene (he says). Caused extensive damage to front and right side. Is his insurance responsible or mine.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

Submit it to both insurance carriers and let them sort it out.

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 12, 2021

You inquiry is a bit vague regarding the phrase "settled by my attorney". If you mean settled your entire case including completely releasing the wrongdoer from liability, and you signed off on that, then you're done. If you mean settled the PIP issue ONLY, then you can still make... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.