Defending An Insurance Claim Against A Driver Who Forgot To Wear Their Glasses

Clear vision is incredibly important for drivers, and it is impossible to safely operate a vehicle without a functioning set of eyes. This is why the Florida Department of Highway Safety and Motor Vehicles takes vision tests so seriously when issuing driver’s licenses. From an insurance defense perspective, it may help to determine whether a driver was wearing their glasses at the time of a crash. Could an insurance defense attorney in Tampa help implement this type of defense strategy?

Failing to Wear Glasses Can Be a Moving Violation in Florida 

If someone is legally required to wear glasses while driving in Florida, they face serious consequences for forgetting them. This can become a moving violation and a second-degree misdemeanor. Technically speaking, this means that a driver could face up to 60 days in jail and a $500 fine for not wearing their glasses.

These penalties could be even more severe if a driver causes an accident that injures or kills other people. In the past, drivers have faced homicide charges for striking pedestrians after failing to wear their glasses.

Can Drivers Still Pursue Claims if They Forgot Their Glasses? 

Because failing to wear glasses while driving is a legitimate offense in Florida, it also represents a form of negligence during an auto accident claim. While drivers can still pursue claims after crashes, the fact that they forgot to wear their glasses could make it challenging to pursue compensation.

With Florida’s modified comparative negligence rule, a motorist loses the right to pursue compensation if they are more than 50% responsible for their own crash. If a driver left their glasses at home, their negligence could exceed this threshold, leading to positive outcomes for insurers.

That being said, each case is different. Someone with only slight near-sightedness may argue that the loss of their glasses did not significantly affect their ability to drive. In contrast, an 85-year-old who is “blind as a bat” without their glasses may struggle to make the same argument.

It May Be Challenging to Find Evidence of This Negligence 

Most drivers do not admit to forgetting their glasses. Police officers may fail to notice restrictions on licenses, and they may not check to see whether the drivers in question are wearing their glasses. A driver might lie and say that their glasses were knocked off by the impact of a collision.

It may fall to experienced insurance defense attorneys to find evidence that the individual in question was not wearing their glasses. This evidence might include images or videos from the crash, eyewitness accounts, and more.

Can an Insurance Defense Attorney in Tampa Help? 

An auto insurance defense attorney in Tampa may be able to help your organization explore various strategies after an auto liability claim. With so many senior drivers in Florida, many get behind the wheel with poor vision. This could form the basis for an effective insurance defense strategy, especially if the driver failed to wear their glasses or contact lenses. Learn more by contacting HD Law Partners today.

Sources: 

flhsmv.gov/driver-licenses-id-cards/medical-review/vision-standards/#:~:text=The%20minimum%20visual%20acuity%20standard,be%2020%2F40%20or%20better.

sarasotataxcollector.gov/services/motorist-services/drivers-license/medical-vision