Can I recover even if the motorist never hit me, but caused me to have an accident?
The question of whether or not you can bring an action to recover for personal injuries if not actually impacted or struck by another vehicle is one of comparative responsibility, and that is if the cause of the accident was the other vehicle, whether there was impact or not, won’t make any difference. Florida is a comparative negligence state in that it compares the conduct of each one of the parties that was involved and assesses responsibility based upon that degree of negligence that each one of the parties caused or contributed to the occurrence.