Flip flops may be the most popular type of footwear in Florida, and it’s easy to understand why. But while they’re comfortable in the heat, they aren’t the best shoes for every type of situation. They aren’t ideal for driving. Their loose fit can cause problems, and for that reason, they are not recommended for wearing while driving.
In fact, if you were involved in a car accident and you were driving in flip flops, your choice of footwear could impact your ability to recover compensation for your injuries. That makes it particularly important to work with a Tallahassee car accident lawyer who is skilled in crafting persuasive arguments that turn the facts to your advantage instead of allowing them to work against you. Every car accident is unique, but here are some ways your shoes could potentially impact your car accident case.
The Problem with Flip Flops
Flip flops are easy to slip onto your feet. Unfortunately, they also slip off your feet easily too, and that’s not a helpful attribute while driving. It can take much longer for drivers to move their feet from the gas pedal to the brake while wearing flip flops, and that increases the time it takes to slow down the car or truck that you’re driving. Flip flops can also get tangled in the accelerator or brake pedal, leading to inappropriate actions or delayed reactions while driving.
Additionally, the soles of flip flops can also cause problems. When they are too thin, they force the driver to apply extra pressure to brake or accelerate, delaying reaction times. But soles that are too thick also make driving difficult because they prevent the driver from getting a feel for the pedals. The soles of flip flops also tend to lack traction, and that can cause the driver’s foot to slide off the pedal.
If you get in the car wearing flip flops, is it better to kick them aside and drive barefoot? It might be an improvement, but bare feet are not ideal for driving either. While a bare foot can grip the pedals well, a barefoot driver needs to apply more pressure to brake or accelerate, and that can slow down reaction time.
Flip Flops Could Be Treated as a Factor Responsible for Causing the Accident
How dangerous can flip flops be for a driver in Florida? If a tangled shoe causes you to speed up instead of slowing down when the vehicle ahead of you hits the brakes, your shoe could potentially be treated as the cause of the accident. In most cases, there are a number of factors that come together to cause an accident, so if you’re working with an experienced Tallahassee car accident lawyer, your attorney will seek out all the factors that contributed to the cause and argue that your actions either did not trigger the accident or that they were only a minor part of the cause.
After an accident, it is necessary to carefully consider a variety of evidence to determine the factors that led to the collision. If you delayed braking because your foot slipped or your shoe got tangled, that may be only one of many factors that triggered the accident. Evidence may suggest that there were other contributing factors, such as a driver who was texting and not paying attention to the road.
Evidence that can be used to show causation can include:
- Footage from traffic cameras
- Photos of skid marks
- Witness testimony
- Images showing the location and types of damage on the vehicles involved
It is important to gather and preserve evidence as soon after the accident as possible. For instance, it is helpful to take detailed photos of the accident scene and the vehicles, as well as to obtain contact information from witnesses. An attorney can assist with these actions and take steps you might not consider, such as seeking a subpoena to obtain video footage from public agencies or private property owners.
When the judge considers the evidence and arguments presented by the parties involved in the accident, the judge will assign a percentage of fault to each person. Your attorney will work to ensure that your percentage of fault is as low as possible. The critical threshold is 50%. If your share of responsibility is 50% or less, then you have the ability to recover compensation from others determined to have contributed to the cause of the accident.
Your Flip Flops Could Reduce the Amount You Receive as Damages
If you were badly hurt in a car accident and you were not more than 50% at fault for causing the collision, Florida law allows you to seek damages from the others at fault. However, the amount you recover will be reduced to account for your share of responsibility for causing your injuries. So, if wearing flip flops, or high heels, or driving barefoot is determined to be 25% of the reason the accident occurred, then your damage award would be decreased by 25%. That means that if the court awarded you $60,000 in compensation, then you would receive 25% less than that to account for your contribution to the accident. 25% of $60,000 is $15,000, so your award would be reduced to $45,000.
In addition, the legal team representing the other driver might argue that even if your shoes or your decision to drive without shoes didn’t cause the accident, your footwear decision made your injuries worse, and that could be a factor that would reduce your damage award. However, your attorney might be able to show that shoes would not have provided enough protection to make a difference in the severity of your injuries, so that you should be entitled to full compensation.
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