Every case is decided on its own facts and every case may be different. With regard to the state of Florida, we are a dangerous instrumentality state. We look to owners of vehicles for the responsibility in a liability situation for paying claims. So it’s not the just the at-fault driver, it’s, who is the owner of the vehicle? It’s also, was the driver of the vehicle engaged in any kind of employment activity, in which case their employer may have some responsibility to pay your claim.
In addition, did the accident occur in a construction zone? Was the maintenance of traffic maintained? There might be construction companies to consider. There might be barricade companies to consider. Was there a maintenance issue with the vehicle? Was there a design defect with any of the vehicles? All of these things are things that a resourceful attorney should look at and counseling you to get the best result for your automobile accident injury claim.
In addition, your own insurance might provide you some additional benefits in cases where the at-fault driver or the owner has minimal insurance coverage. So you really do need the advice of a competent attorney to assist you best in making your claim.