What Should You Do After a Low Visibility Car Accident in Florida?

October 27, 2025

Dennis Hernandez

Heavy fog or winding through smoke from a nearby wildfire can transform a routine drive into a treacherous road trip. Low visibility is very common in Florida as well as accidents throughout the state. If you are a victim of low visibility car accident in Florida, it is important for you to know your rights and legal remedies.

Many victims are unaware of how fast visibility can transition — and even less prepared for the development of injuries after the fact. Understanding how to act in these critical moments, both with regards to your medical treatment and as it relates to filing a claim and possibly attending trial can make all the difference between you experiencing full recovery and receiving maximum compensation.

What Makes Low Visibility So Dangerous On Florida Roads?

Fog and smoke lowers visibility to only a few feet, dangerously so. This results in a much higher likelihood of collision, particularly on motorways and country roads with faster moving traffic. In fact, the U.S. Department of Transportation states over 38,700 accidents happen each year in fog alone (a substantial number of which include injuries or deaths).

Crashes in such conditions are often caused by:

Speeding despite poor visibility.
Tailgating other vehicles.
Improper or unsignaled lane changes.
Failure to use headlights.
Erratic braking or dangerous behavior by the roadside.

During low visibility, even careful drivers may be unable to spot obstacles, lane marking or other vehicles in time to avoid a crash.

What Should You Do Right After A Crash Due To Smoke On Highway?

If you have been in a crash because of smoke on highway, there are some things to remember as soon as the collision occurs that could affect your health and ability to file a legal claim. Here’s what to do:

Look for injuries and immediately call 911.
Get your car somewhere safe, if you can.
Use hazard lights to remain visible to others.
Record everything — photographs, videos, road conditions, weather and vehicle damage.
Exchange contact and insurance information with all other drivers involved.
Look for witnesses and request their contact info.

Even if you are feeling alright on the scene, it is important to visit a doctor. Adrenaline can suppress the pain of these types of injuries, which would not always be apparent right away. Those injuries can be obscured by imaging, such as CT scans, MRIs or X-rays.

Why Are Delayed Injuries Common After Fog Or Smoke-Related Accidents?

Under those conditions, it’s possible that people were hurt in a collision not visible to the naked eye. Common delayed symptoms include:

Neck and back pain
Headaches
Dizziness or confusion
Numbness or tingling in limbs
Emotional distress or mood changes

And that is why the documentation from a doctor after an accident can be so important — both for your health and providing evidence to back you up in court with your personal injury lawyer.

What Are Your Legal Options After A Low Visibility Car Accident Florida?

Florida Law requires all drivers to have PIP (Personal Injury Protection) coverage under Florida Statutes §627.736. It gives you up to $10,000 in medical coverage, no matter who caused the accident. But in some of the cases with severe injuries, there is a way for those hurt in Florida to move outside the no-fault system per §627.737 and go after an at-fault party for that personal injury claim.

If the negligence of another driver—such as speeding, or driving without headlights—caused the accident, you may be eligible to receive compensation for:

Medical bills
Lost wages
Pain and suffering
Future treatment costs

What If The Weather Was The Cause Of The Crash?

Weather and environmental conditions may contribute to accidents, but that does not mean no one is to blame. Smoke and fog are often a factor in crashes because drivers:

Fail to slow down appropriately
Don’t increase following distance
Ignore warnings or visibility guidelines
Don’t pull over if it’s not safe to do so

Your personal injury attorney can investigate to see if another driver was negligent in their response to the low-visibility conditions.

How Can A Personal Injury Lawyer Help?

Wading through the legal system following a low visibility car accident can be daunting, particularly when insurance companies are working to minimize or outright deny your claim. That’s when a good lawyer is crucial.

We manage all aspects of your case at Dennis Hernandez Injury Attorneys:

Conducting a thorough accident investigation
Collecting vehicle and weather data
Working with accident reconstruction experts
Negotiating aggressively with insurance companies
Initiating a lawsuit if you don’t get a fair settlement

We have recovered millions and millions for accident victims in FL, and we fight to get you paid!

What About Vehicle Diagnostics And Black Box Data?

Modern cars have crash data recording systems, including the following:

Braking force
Speed at impact
Seatbelt usage
Airbag deployment timing

This “black box” data could be used to demonstrate whether a driver had been negligent around low-visibility conditions, particularly following an accident caused by smoke on highway. Your lawyer has the right to ask for this data as part of evidence in your injury claim.

How Long Do You Have To File A Lawsuit?

Under Florida Statutes §95.11(3)(a), the statute of limitations for personal injury claims is two years from the date when all harm (direct and indirect) was sustained (as of March 2023). Failure to file on time may result in you being barred from recovering your compensation.

Which is why it’s so important to contact a lawyer as soon as possible when you’re injured in an accident. Early involvement means evidence is retained and timeframes are not missed.

How To Avoid A Low Visibility Crash In the First Place?

Not all accidents can be avoided, but some can be prevented by following these tips:

Slow downin smoky or foggy
Use low-beam headlights.
No sudden stops or sharp pivot turns.
Keep a long following distance.
Pay attention to weather and emergency alert notifications.
Pull off the road if visibility is dangerous.

If you have done all of these things and still ended up in an accident, you might be eligible for financial compensation.

What Should You Expect When You Call Dennis Hernandez Injury Attorneys?

After you contact us, we will:

Explain your rights clearly
Diagnose the cause of the crash.
Collect medical and technical evidence
Negotiate your settlement
Take your case to court if necessary.

We pull together doctors, accident reconstructionists, and attorneys to prepare your case. No matter what conditions your accident included, fog, smoke or both we have the experience and will to fight for you.

We fight to get you paid!