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Can Illegally Tinted Windows Help or Hinder Your Claim for Personal Injuries?

As the calendar turns to July, everyone in Florida is united in their distaste for one common enemy: heat. Over the years, the battle to stay cool has driven us to try some "different" approaches. However, one of the most common ways to stay cool may also be the most dangerous: tinted windows in automobiles.

Tinted windows in automobiles are a great way to beat the summer time heat. Tinted windows can keep a car significantly cooler because the tints help reflect the sunlight away from the car, thus keeping it comfortably in shade. Additionally, tinted windows make a car appear more stylish to some and/or provide a sense of privacy to others. However, there are some individuals who take their desires for comfort, style, and privacy too far. There are a number of different shades of tints that are available for purchase in Florida and a host of laws that determine whether the use of those tints is legal. See Florida Statutes, Sections 316.2951 through 316.2956 (scroll to sections 316.2951 to 316.2956). Without going into too much detail, there are some tints that lawmakers have deemed to be too dark for use outside of the limited use they were intended for (i.e. limousine tints). Accordingly, law enforcement officers throughout the State of Florida have kits to test whether a tinted window is too dark and may write citations for the violation.

Despite the risks of receiving multiple tickets, individuals throughout Florida continue to drive automobiles with illegal tints on their windows. These tints may be one of the factors that lead to car accidents in Florida. For example, when they are too dark, they may hinder the driver's ability to see a pedestrian at night, especially if the pedestrian is wearing dark clothes and illumination in the area is poor. Therefore, what happens if a person has illegal tints on their windows and gets into an accident?

Florida is a comparative negligence state. That means that "fault" must be attributed to each party in every case that goes to a jury. The maximum "amount" of fault in any given case will always equal and never exceed 100. So, for instance, if a man rear ends a woman who was stopped at a red light for at least 30 seconds before impact, a jury would likely find that the man was 100% liable for the crash. By the same token, had the woman, for example, crossed 3 lanes of traffic, cut off the man and forgotten to wear her seat belt, a jury could possibly attribute some fault to the woman who was rear-ended.

Consequently, if your car has illegal tinted windows and you get into an accident where the illegal tinted windows could have been a factor, you may end up being found at some percentage of fault that may reduce the amount of compensation you get.

The Lawyers of Greenberg and Stone Can Help

Regardless of what your condition may be after being involved in an accident, one of your first thoughts should be to hire an attorney. Even if incapacitated and unable to make contact yourself, you should have a friend or relative contact a lawyer with experience handling car accident cases so that the attorney may help you recover any compensation you may be owed. Insurance companies for the other driver(s) will promptly have their own lawyers and investigators working very hard by collecting evidence and interviewing witnesses from the moment the accident was reported to them. Shouldn't you have someone working as hard for you too?

With more than 67 years of combined experience, the Miami Dade County Car Accident Law Offices of Greenberg, Stone & Urbano, have helped thousands of victims of car accidents, tractor trailer accidents, motorcycle accidents, accidents at amusement parks or any other kind of accidents recover the funds they were owed. Visit our website to learn more about our firm and contact us today for a free consultation.

Please note that our practice has been extended with a new satellite office in Aventura to better serve clients that reside in Ft. Lauderdale, Hollywood, Hallandale Beach, Dania & Dania Beach, Miramar, North Miami, North Miami Beach, Aventura, Miami Beach, Surfside, Sunny Isles and Miami Gardens.

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