In 2023, there were 1,399 reported car accidents in Monroe County, where Key West is located, causing 925 injuries and 14 deaths. If you were involved in an accident in Key West, you may end up facing many consequences beyond your initial injuries, including high medical bills, chronic pain, an inability to work, and more. Because of these impacts, victims of car accidents often choose to file personal injury claims to recover compensation.
If you’re thinking about filing a personal injury auto accident claim after a car accident in Key West, read on to learn more about the process, Key West-specific factors, and how hiring a car accident lawyer can help.
The attorneys at Florin|Roebig can provide the guidance and representation you need. The jury’s decisions in the cases we’ve tried involving automobile collisions have totaled more than $40 million dollars, and that’s only for one case in Florida. We are happy to review your situation during a free case evaluation and help you determine if filing a claim is the best course of action.
What To Know About Key West Car Accident Claims
People file car accident claims in Key West to receive compensation for their injuries and other losses, but this unique island city has several laws and regulations regarding who’s eligible to file certain claims and who victims can file against.
Insurance Requirements
Florida is a no-fault state, which means any vehicle registered in the state has to be covered by insurance. In addition, if an accident occurs in Key West, everyone involved must first turn to their own insurance to receive compensation for their injuries, regardless of who was at fault.
Those attempting to file a claim against another driver’s insurance company must meet certain standards to do so.
Statute of Limitations
The Statute of Limitations is a law that sets the maximum time someone has to file a lawsuit. In Florida, you generally have two years after the crash to file a car accident personal injury lawsuit.
Comparative Negligence Standards
Florida uses a modified comparative negligence system for personal injury cases.
“One part of this system involves a rule that you can only recover damages if you’re no more than 50% responsible for your injuries,” explains record-breaking verdict attorney Chad K. Florin, M.B.A., LL.M. “The other part of the system decreases the amount of compensation you get in proportion to how much at fault you were. So if you were 10% at fault, you’d only collect 90% of the damages awarded to you. Even if you never go to court, this standard is important because insurers also use it to determine how much compensation you’re owed.”
What Causes Car Accidents in Key West?
Coral reefs, cruises, and colorful conch-style houses may be the first things people think of when imagining the southernmost city in America, but car accidents are also a sadly common reality for Key West residents and guests.
Common Key West-specific car accident risks include:
- Limited space: The physically small island of Key West can get crowded, especially on its many two-lane highways, causing heavy traffic. Weekends and holidays are especially dangerous.
- Scooter traffic: Scooter traffic is unique to Key West but is one of the biggest causes of car accidents, especially in the downtown Duval Street area.
- Dangerous intersections: Certain intersections and roads are more dangerous than average in Key West, such as the intersections of Greene Street and Whitehead Street and Fleming Street and Duval Street.
The Car Accident Claim-Filing Process
Filing most auto accident claims in Key West involves the following steps.
- Document injuries and damages with photos of your injuries, your vehicle, and the accident scene.
- File a police report by calling the authorities to the accident scene and cooperating with their investigation.
- Tell your insurance company that you were involved in a crash as soon as possible.
- Gather evidence such as photos, medical bills, and your accident report. Keep digital and physical copies somewhere safe.
- Seek legal advice from a car accident attorney by reaching out for a free case review, which should give you guidance on the next steps and help you decide if you need a lawyer.
A car accident attorney can help you through the confusing process of filing your actual claim and give you a good idea of how much to expect in compensation. If you need expert insight on your case, reach out to Florin|Roebig with a free case evaluation today.
Key West, Florida Laws For Car Accident Cases
Key West follows Florida and Monroe County laws, which can influence your car accident case in many ways.
Fault Determination Rules
“Negligence—essentially carelessness—is almost always central to deciding fault in accident cases,” explains Chad K. Florin. “Lawyers will work hard to prove the other party was at fault by showing they engaged in acts like driving while impaired or distracted, or driving recklessly.”
Insurance Coverage Requirements
All Florida-registered vehicles must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
The No-fault System
Key West follows the no-fault system, which means car accident victims can’t file a claim against someone else (a third-party claim) for their physical injuries unless they were severe and the other driver was at fault. Instead, each party usually files a claim with their own insurance company regardless of who caused the crash. This is called a first-party insurance claim.
Third-party car accident claims require injuries with at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
Key West car accident victims can seek compensation in a few ways.
- First-party personal injury claims: Straightforward but limited compensation from your insurance company to cover injury-related expenses like medical bills.
- Third-party personal injury claims: Compensation is usually rewarded by an at-fault driver’s insurance company to cover vehicle damage, serious injuries, and other losses.
- Personal injury lawsuits: Often filed when you can’t agree on a reasonable compensation amount outside of the Monroe County court. Lawsuits put pressure on insurance companies to reach an agreement before the case goes to trial, where it’s decided by a jury or judge.
Fault In Car Accidents
The at-fault party in a car accident is whoever was primarily responsible for causing the crash. To determine fault, insurers or courts will consider any negligence committed, such as traffic violations or reckless driving.
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Liability In Car Accident Cases
Whoever is legally responsible for compensating someone harmed in an accident is the liable party.
Car accident cases in Key West may use the following to help determine liability:
- Negligence: Someone found more than 50% negligent is usually liable for compensating anyone injured in an accident.
- Strict liability: Some accidents involve injuries caused by faulty car parts, such as tires or airbags. In these cases, an entity like a manufacturer may be strictly liable—legally responsible for compensation regardless of their intent or negligence.
- Vicarious liability: Other crashes may involve an at-fault on-the-job employee, but the employer could be vicariously liable—that is, responsible for covering compensation due to someone else’s actions.
Ways The Accident Can Impact Your Life
Even when you are being careful, accidents can occur at any time, causing great physical, financial, and emotional harm.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
Car accident resources in Key West may include:
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident personal injury attorneys
If you are thinking about filing a personal injury auto accident claim after a car accident in Key West, the attorneys at Florin|Roebig can provide the guidance and representation you need. We are happy to review your situation during a free case evaluation and help you determine if filing a claim is the best course of action.
What To Do After A Car Accident in Key West
The most important thing to do after a car accident is to make sure you and your loved ones are safe, but some additional best practices can also help you get the best claim outcome.
After a car accident in Key West:
- Check for injuries and seek medical attention as soon as possible to make sure you recover as well as you can and to create a record of your injuries.
- Contact law enforcement to make sure the police file an accident report.
- Gather information like witness contact details at the scene of the crash.
- Document the accident scene by taking pictures.
How Florin|Roebig Can Help With Your Car Accident Claim
When you choose to work with the board-certified attorneys at Florin Roebig, you get some of the highest-rated car accident attorneys in Key West. Several of the lawyers at Florin Roebig have even been inducted into the “Million Dollar Advocates Forum,” a National organization that recognizes Trial Lawyers who have received jury awards of over a million dollars.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
The jury’s decisions in the cases we’ve handled involving automobile collisions have totaled more than $40 Million, and that’s only for one case in Florida. With an average compensation amount of over $1 Million per case, the car accident attorneys at Florin|Roebig have a proven track record of getting clients the compensation they deserve.
Frequently Asked Questions
How much does an attorney charge for a car accident in Key West?
Most car accident attorneys charge between 25-40% of any compensation you win. They won’t charge if you don’t get compensation.
Should I get a lawyer after a car accident in Key West?
If you were badly injured, the facts of your case are in dispute, or you’re not sure how much compensation to expect, working with a car accident lawyer can be very helpful.
Can I sue if I was involved in a moped or scooter accident in Key West?
Yes. Moped and scooter riders can’t receive compensation through no-fault insurance but may be eligible for compensation from a negligent driver or the moped/scooter company depending on the case.
Top-Rated Car Accident Lawyers Serving Key West
If you were thinking about filing a car accident claim in Key West, you need the right legal advice. With a dedicated and successful personal injury lawyer like the attorneys at Florin|Roebig, you can be sure you have all the resources you need to build a strong auto accident case for court.
Our car accident lawyers serving clients in Key West include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Chase P. Florin B.C.S
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
With over 30 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
We Are Nationally Awarded Lawyers
Find A Key West Car Accident Lawyer Near You
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Location and contact information:
1121 Duval St.
Key West, Florida 33040
Being involved in a car accident can change your life in an instant. Although no amount of money can undo this experience, collecting compensation from the party responsible gives you the resources you need to move on with your life.
If you or a loved one are thinking about filing a car accident claim, you need an experienced auto accident lawyer you can trust on your side. Please contact the law offices of Florin|Roebig today to schedule a free consultation.
