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While we might not get snow and ice in Florida, weather-related accidents are still fairly common. Heavy downpours, tropical storms, hurricanes, hailstorms and even sun glare can all put drivers in harm’s way. If you have been injured in a weather-related car accident in Florida, what are your legal rights?

Here’s what you need to know:

5 Important Facts about Your Rights After a Weather-Related Car Accident

Fundamentally, weather-related accidents are no different from any other type of car accident. While the circumstances involved may be somewhat unique, drivers and passengers who are injured in weather-related accidents have the same legal rights as they would in any other accident scenario. With this in mind:

1. You Can (and Should) File a Personal Injury Protection (PIP) Claim

In Florida, all drivers are legally required to carry personal injury protection (PIP) coverage. This means that if you have auto insurance, you should have PIP.

Personal injury protection is what is known as “no-fault” insurance. This means that you do not need proof of fault to file a claim. If you’ve been injured in a weather-related accident and you have PIP, then you should be covered by your insurer.

Unfortunately, obtaining compensation isn’t always as easy as it should be. Auto insurance companies routinely fight their policyholders’ PIP claims; and even if they provide some coverage, they may stop short of providing the full coverage for which their policyholders have paid. A personal injury attorney can help you obtain maximum PIP coverage and pursue any other claims you have available.

2. Drivers Have a Duty to Drive Safely Regardless of the Weather Conditions

Under Florida law, all drivers owe a duty of care to operate their vehicles safely on the road. When a driver breaches this duty and causes an accident, the driver can be held liable—provided that the victims’ injuries qualify as significant or permanent under Florida’s “no-fault” insurance law.

The duty to drive safely applies regardless of the weather conditions. When operating their vehicles in hazardous conditions, drivers need to slow down and ensure that they leave plenty of buffer between their vehicles and the vehicles in front of them. Simply put: If drivers cannot maintain control of their vehicles in wet or windy weather, they are encouraged to stay home.

When a driver makes a mistake that results in an accident, the weather conditions are not an excuse. Automotive liability insurance policies cover weather-related accidents. In cases involving uninsured or underinsured drivers, victims can file fault-based claims under their uninsured/underinsured motorist (UIM) policies (once again, assuming their injuries exceed the “significant or permanent” threshold). In some cases, injured drivers and passengers may also have claims under vehicle owners’ insurance policies based on negligent entrustment.

3. Brakes, Tires and Other Vehicle Components Can (and Do) Fail

Driver negligence is not the only factor that can lead to weather-related accidents. Brake failures, tire failures and other vehicle-related issues can also lead to serious accidents. If your weather-related accident was the result of an automotive defect, the manufacturer or dealership that sold the car could be legally responsible. If faulty service work is to blame, the shop that performed the work may be fully liable for your accident-related losses. This is true whether the issue affected your vehicle or another vehicle involved in your collision.

4. Companies Can (and Should) Be Held Liable for Their Employees’ Negligence

Many drivers who are on the road during hazardous weather events are commercial drivers. From delivery truck drivers to salespeople and service professionals, many companies try to keep their drivers on the road as long as possible.

Under the law of vicarious liability, companies can be held liable for their employees’ negligence within the scope of their employment. For employees whose job-related tasks include driving, this includes negligence behind the wheel. If you were involved in a weather-related accident with a driver who was working at the time of the crash, the driver’s employer may be financially responsible for your medical bills, lost earnings, pain and suffering, and other losses.

Other forms of job-related negligence can give rise to claims as well. For example, let’s say you were involved in an accident when the road flooded or collapsed into a sinkhole. If this happened because the road was constructed improperly, the construction company could be fully liable for all injuries suffered by all accident victims.

5. Acting Promptly is the Best Way to Protect Your Legal Rights

Regardless of which type of claim (or claims) you have after a weather-related accident in Florida, acting promptly is the best way to protect your legal rights. You will need evidence of liability, which means you will need to select a law firm to conduct a prompt and thorough investigation.

You will also need evidence of the financial and non-financial costs of your injuries. Seeking medical attention promptly is crucial in this regard. You should be sure to keep copies of all of your medical records and bills, and, as you move forward, you should keep track of all of the expenses and loss of income you incur.

Weather-Related Accidents Can Have Serious and Long-Term Consequences

These days, healthcare is incredibly expensive. Even the costs of a relatively minor injury can far exceed your PIP coverage, and over time, the financial and non-financial costs of your injuries can continue to climb. As a result, protecting your legal rights after a weather-related accident is extremely important. You need to ensure that you are making smart decisions with your best interests in mind, and this starts with having an experienced injury attorney on your side.

Discuss Your Weather-Related Accident Claim with a Skilled Injury Attorney Today

If you have been seriously injured in a weather-related accident in Florida, we encourage you to contact us so that we can review all the options you have available. To discuss your legal rights with attorney Randall L. Spivey in confidence as soon as possible, call 888-477-4839 or reach us online now at SpiveyLaw.com.