Frequently asked questions
In Florida, not every accident needs to be reported to the DMV directly, but certain situations require an official report. If the crash involves injury, death, or property damage of $500 or more, you must notify law enforcement, who will file a report with the DMV. Reporting ensures proper documentation of the accident, which can be critical for insurance claims and any future legal action.
A car accident lawyer such as Marissa Stockwell investigates the crash, gathers evidence, negotiates with insurance companies, and represents you in court if necessary. She ensures your rights are protected and works to maximize the compensation you receive for medical bills, lost wages, property damage, and pain and suffering. Her role is to take the stress off your shoulders so you can focus on recovery.
Most car accident lawyers in Florida, including Ms. Stockwell, work on a contingency fee basis. This means you don’t pay anything up front. Instead, the attorney’s fee is a percentage of the settlement or judgment you receive. If no recovery is made, you don’t owe legal fees. This system allows injured individuals to pursue justice without worrying about the cost of hiring a lawyer.
If you were injured as a passenger in a car accident in Florida, you have important rights. First, seek medical care immediately—even if injuries seem minor. Next, gather as much information as possible about the accident, including the drivers involved, insurance details, and any witness contacts. As a passenger, you may be able to file a claim against the at-fault driver’s insurance policy, whether it’s the driver of the other vehicle or the one you were riding with. In some cases, multiple insurance policies may apply.
If you’re hurt on an e-scooter in Fort Lauderdale because a driver was negligent, treat it like any other traffic crash: get medical care right away (Florida’s PIP law generally requires initial treatment within 14 days to access PIP benefits if an auto policy applies), call the police, and document the scene (driver/insurer info, witnesses, photos, app ride logs). You can pursue the at-fault driver for your full losses (medical bills, lost income, pain and suffering) and, if available, tap your own PIP and uninsured/underinsured motorist coverage; if a scooter defect contributed, maintenance/product issues may also be investigated.
Florida now uses modified comparative negligence—if you’re over 50% at fault, you can’t recover; at 50% or less, your compensation is reduced by your share of fault—and most negligence lawsuits must be filed within 2 years for incidents after March 24, 2023. Riders of motorized scooters have bicycle-like rights and duties under state law, but Fort Lauderdale can add local limits (e.g., certain beachfront/sidewalk restrictions), which can factor into fault arguments but don’t automatically defeat a claim. Bottom line: get treated within 14 days, report it, preserve evidence, and have a Florida injury attorney evaluate liability, coverage, and deadlines under the current rules.
Florida PIP (no-fault) pays first for a portion of your medical bills and limited lost wages—as long as you get initial treatment within 14 days. After that, liability matters. In most rear-end crashes, the trailing driver is presumed negligent, so you can pursue their bodily injury liability coverage for losses beyond PIP, including medical bills, wage loss, and (if you meet Florida’s serious-injury threshold) pain and suffering. Your UM/UIM policy can help if the at-fault driver is uninsured or underinsured. Florida now uses modified comparative negligence—over 50% fault bars recovery—and most negligence claims must be filed within two years.
How Stockwell Law helps: We collect evidence to solidify rear-drivers fault, coordinates medical documentation, calculates full damages, manages insurer negotiations, and files suit if needed—protecting your claim under Florida’s deadlines and fault rules.
In Florida, partial fault doesn’t automatically end your case, but it affects the math: under the state’s modified comparative negligence rule, if you’re more than 50% at fault you can’t recover, and if you’re 50% or less at fault your compensation is reduced by your percentage (e.g., 30% at fault on $100,000 in damages means $70,000).
For car crashes, your PIP benefits can cover initial medical bills regardless of fault, but proving the other party’s negligence still matters for pain and suffering and losses beyond PIP. Fault percentages are driven by evidence—police reports, photos/video, witnesses, vehicle or premises data, and consistent medical records—and most negligence lawsuits now must be filed within two years of the incident. If you might share fault, get medical care immediately, preserve evidence, avoid guessing in statements, track bills and missed work, and let an attorney handle insurer communications while building a record that minimizes your share of blame.
Yes. Florida has no statute that prohibits barefoot driving, so it’s legal to drive a car (or motorcycle) without shoes. That said, law enforcement and safety agencies discourage it because it can reduce pedal control; if barefoot driving contributes to a crash or erratic driving, you could still face a citation under general careless/reckless driving rules.
