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I Was Hit by An Out-of-State Spring Break Partier. What Recourse Do I Have?

Posted on March 5, 2024

Florida is one of our nation’s top destinations for spring break partiers, with approximately 7.3 million visitors[1]. While this brings the state nearly $1 billion in revenue, it also brings traffic, drunkenness, noise, and litter[2]. With many of these partiers from out-of-state, what happens if one of them causes a car crash and severely injures you?

If you are in an accident anywhere in the state of Florida, regardless of your residency or that of the other driver (even if they are from another country), Florida’s laws prevail. This means that you will have the same rights whether someone from in-state or out-of-state hits you. If the out-of-state partier who hit you was driving drunk, they will be subject to Florida’s criminal and civil laws. If they were negligent, but not driving under the influence, then they will be subject to Florida’s civil laws regarding personal injury.  Additionally, Florida has a Long Arm Statute, which is a law that requires that if someone is summoned to appear in a Florida court, they must travel back to Florida from their home state to do so. This makes it harder for them to evade responsibility for the injuries they caused in an accident.

In an interesting twist, you may actually have access to collect more damages from a non-Florida resident than a Floridian. In Florida, drivers are only required to carry insurance for $10,000 in personal injury protection (PIP) and $10,000 in property damage/liability protection (PDL). If the person who hit you only carries this minimal amount of coverage and does not have sufficient personal assets to cover the cost of your injuries, you may not receive the full value of your damages. Most other states require drivers to carry bodily injury liability (BIL) coverage, so if the out-of-stater who hit you carries BIL coverage, you could potentially access these funds to cover your damages.

If you are seriously injured in a car crash due to someone else’s negligence, you are entitled to receive compensation to make you financially whole again. This includes funds to cover medical bills, rehabilitation centers, medical devices and supplies, prescription medication, and psychological counseling. You may also be eligible to receive compensation for pain and suffering.

While filing a lawsuit against a driver from another state may be more time-consuming, don’t let this deter you. The attorneys at ECanter Lawyers are experts at securing compensation for victims of car crashes. Whether the negligent party lives in Florida, Alaska, or anywhere in between, we will fight aggressively for you to receive every cent you deserve. Call us today to learn how we can help you.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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[1] Public Media News for Central Florida. Spring Breakers in Central Florida will boost economy, but at a cost (wmfe.org). Accessed February 6, 2024.

[2] Public Media News for Central Florida. Spring Breakers in Central Florida will boost economy, but at a cost (wmfe.org). Accessed February 6, 2024

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