There are many misconceptions when it comes to dealing with the aftermath of an accident. Before you get behind the wheel again, take just a few minutes to review a few of the most common myths, dispelled by a top car accident lawyer, so you can be better prepared in the event you get in an accident:
1. Myth: “You must leave your car exactly where the accident took place until the police arrive.”
Fact: According to many state statutes, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as to not block the regular flow of traffic. In fact, in some states, you can even get a ticket for not moving your car!
2. Myth: “Pedestrians always have the right of way.”
Fact: Again, this is not true in many states. For example, Florida Statute 316.072 “Obedience to and effect of traffic laws” states; “the provisions of this chapter shall apply to…the movement of pedestrians upon all state-maintained highways, county-maintained highways, and municipal streets and alleys and wherever vehicles have the right to travel.” Pedestrians do have the right-of-way at controlled intersections and in marked crosswalks; however, pedestrians must also obey posted signs and cannot unnecessarily stop or delay traffic while in marked or unmarked crosswalks. Furthermore, pedestrians must give the motorist the right-of way at all areas other than marked crosswalks and controlled intersections.
3. Myth: “I was rear ended, therefore the other driver’s insurance company will have to pay.”
Fact: In most rear end accidents the striking vehicle is at fault; however, such is not always the case. In 2012, the Florida Supreme Court decided that the presumption that the striking vehicle’s negligence was the sole cause of the crash does not apply in every case.
4. Myth: “The at-fault driver’s insurance company will pay for everything.”
Fact: Under Florida law, known as the Florida Motor Vehicle No-Fault Law, your own insurance carrier pays for your medical, surgical, funeral, and disability insurance benefits without regard to fault up to $10,000. This type of coverage is known as personal injury protection benefits.
5. Myth: “The amount of damage to the car was minimal, so it is unlikely anyone was injured.”
Fact: The amount of property damage to the vehicle does not always correlate to the amount of the vehicle occupant’s injuries. Car bumpers are designed to minimize property damage, they are not a safety feature intended to prevent or mitigate injury severity to occupants in the passenger cars. Even a low-speed minor impact can cause serious injuries to the occupants of vehicles.
Thanks to our friend and blog author, Jeff Davis of Jeff R. Davis P.A. for dispelling a few common car accident myths.
