Moved From New York to South Florida? Florida’s Car Crash Rules Work Differently
Key Points(5)
- Many Caribbean families split their lives between New York and Florida.
- The two states handle crashes, fault and deadlines in very different ways, and Florida’s rules are tighter than most people expect.
- Knowing that before a crash is a lot easier than learning it after.
- How do Florida’s roads compare with New York’s?
- IIHS, a nonprofit highway safety research group, publishes crash death counts for every state, based on federal Fatality Analysis Reporting System data.
Many Caribbean families split their lives between New York and Florida. The two states handle crashes, fault and deadlines in very different ways, and Florida’s rules are tighter than most people expect.
By Marcus Ross, Local Press Desk
If you got your license in New York and now live in Broward, Miami-Dade or Palm Beach, here is the short version: Florida roads are deadlier per person, Florida law can shut you out completely if you are found mostly at fault, and you have two years, not three, to file most injury lawsuits. Knowing that before a crash is a lot easier than learning it after.
How do Florida’s roads compare with New York’s?
IIHS, a nonprofit highway safety research group, publishes crash death counts for every state, based on federal Fatality Analysis Reporting System data. For 2024:
∙ Florida recorded 3,138 traffic deaths, or 13.4 per 100,000 people.
∙ New York recorded 1,101, or 5.5 per 100,000 people.
∙ In Florida, 668 of those killed, about 21 percent, were pedestrians. Another 642, about 20 percent, were motorcyclists, and 201 were bicyclists.
∙ Of the 1,479 people killed inside passenger vehicles in Florida, 632, or 43 percent, were not wearing a seat belt.
So with populations of a similar size (about 23.4 million in Florida and 19.9 million in New York, by the same table), Florida lost close to three times as many people on its roads. Per mile driven, the gap is smaller but still clear: 1.26 deaths per 100 million miles in Florida against 0.91 in New York.
If you walk, bike or ride a motorcycle in South Florida, those numbers are about you.
What does Florida law require at the scene?
Florida’s rules look familiar, but the penalties are steep.
∙ Stop and stay. Under Florida Statutes section 316.027, a driver in a crash that injures someone must stop and remain at the scene. Willfully leaving is a felony. If someone dies, it is a first-degree felony with a mandatory minimum of four years in prison.
∙ Share information and help. Section 316.062 requires you to give your name, address and vehicle registration number, show your license if asked, and give reasonable help to anyone injured, including getting them to medical care when it is clearly needed.
∙ Clear the lane when you can. In a crash with only property damage, section 316.061 says you must make every reasonable effort to move a damaged car that is blocking traffic. Florida law also says that moving the car this way does not, by itself, make you at fault.
One more Florida rule: if a crash damages a vehicle or other property and no law enforcement report is required, Florida Statutes section 316.066 says the driver must send a written crash report to the state within 10 days.
How does fault work in Florida?
Florida changed its rules in 2023 with House Bill 837, which took effect March 24, 2023. It shortened the time to sue, covered below, and changed how shared fault works.
More than 50 percent at fault means no recovery. Under Florida Statutes section 768.81, a person found greater than 50 percent at fault for their own harm may not recover any damages in a negligence case. If you are 50 percent at fault or less, any award is reduced by your share.
That makes the details matter more than ever. Who ran the light, who was speeding, whether a pedestrian was in the crosswalk: those facts can decide whether a family recovers anything at all. Write down what you saw, take photos, and get names of witnesses while you are still at the scene, if you are able to.
New York’s rules on shared fault are worded differently, so do not assume a lesson from a New York case carries over to Florida.
What deadlines apply after a Florida crash?
∙ Two years to sue. Under Florida Statutes section 95.11, an action founded on negligence, which covers most car crash injury cases, must be filed within two years. In New York, the general limit for personal injury is three years under Civil Practice Law and Rules section 214.
∙ 10 days for the written report when no police report is required, as above.
The two-year clock runs out faster than people think. Medical treatment, recovery and simply getting back to work can eat up most of it.
A checklist for Florida drivers
∙ Keep your registration and driver’s license where you can reach them quickly.
∙ After any crash, get checked by a medical professional, even if you feel fine.
∙ Take photos of the scene and the cars before anything is moved, if it is safe.
∙ Put the two-year lawsuit deadline on your calendar the day of the crash.
∙ If you are visiting family in New York, remember the rules there are different, and the state you crash in sets them.
This article is general information, not legal advice, and every crash is different. If you were hurt, a search for the best accident lawyer near me is where many people start. Find My Accident Lawyer, a free directory, lists local attorneys alongside state-by-state crash law guides. Talk to a licensed Florida attorney about your own situation before you sign anything about the crash.