Coral Springs Crash Highlights Florida's Fault Rules That Can Bar Recovery

A September three-vehicle crash on Riverside Drive in Coral Springs illustrates how Florida's comparative fault and two-year filing deadline can determine whether injured victims recover compensation.

Chicago Metrowire Staff
••Legal
Coral Springs Crash Highlights Florida's Fault Rules That Can Bar Recovery

A September collision on Riverside Drive in Coral Springs sent an 81-year-old driver to the hospital in critical condition and injured an 18-year-old driver, leaving police to reconstruct how a Kia ended up in oncoming traffic. Coral Springs Police had not determined a cause, and a traffic homicide investigator is working through vehicle speeds and impact angles. For anyone injured in a similar crash, the more consequential question may be not what caused it but how Florida law divides responsibility among the drivers involved.

Under Florida's comparative fault system, the share of fault assigned to each driver controls what an injured person can recover. According to Fla. Stat. § 768.81(6), a plaintiff found more than 50 percent at fault generally cannot recover damages in a negligence case. A plaintiff found 50 percent or less at fault can still recover, but the award is reduced by that percentage. In a three-vehicle crash, those percentages can be split among multiple drivers, meaning an injured person's own statements and conduct can shrink or eliminate a claim.

Time is another constraint. Under Fla. Stat. § 95.11, most negligence claims arising after March 24, 2023 must be filed within two years, down from four. That shortened window leaves less room to investigate a crash before evidence disappears. Personal injury protection coverage pays initial medical bills up to $10,000 regardless of fault, but treatment generally must begin within 14 days of the crash, a deadline that can catch injured drivers off guard.

The evidence that decides fault is often perishable. Police reconstructions, vehicle data, and camera footage frequently shape the determination, and some of that material can be lost quickly if no one preserves it. Insurers may also request recorded statements within days, before the facts are settled. Statements about speed, distraction, or injuries can later be used to assign a larger share of fault to an injured driver, which is why understanding what dealing with insurance companies after a car crash involves matters before any call is returned.

"A crash like this can look simple from the outside, but fault is rarely one driver's alone," said Andres Lopez, founder of The Andres Lopez Law Firm. "We gather the evidence early so our clients are not held responsible for more than their share." The firm, which handles personal injury cases on a contingency fee basis, has a car accident lawyer in Coral Springs, FL to explain how these rules affect a claim.

The Riverside Drive case remains under investigation, and no fault determination has been announced. But the legal framework it triggers applies to every multi-vehicle crash in the state, and it rewards early, careful action over waiting for a police report to settle the question of who pays.

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