How to Prove Liability in a Side-Impact Collision in Florida

How to Prove Liability in a Side-Impact Collision in Florida

Establishing liability after a Florida side-impact collision can quickly become a battle of “he said, she said” without strong legal support. Winning your case hinges on presenting solid evidence that another party caused the crash. Without definitive proof, obtaining compensation to offset the financial and personal losses you sustained can be challenging. If you’re in this position, it’s time to talk to an experienced side-impact collision attorney from Zimmet & Zimmet.

At Zimmet & Zimmet, we will investigate your car accident case and gather the evidence necessary to prove fault. Our law firm has a proud 50-year history of representing injured people in the Sunshine State.  People know us for our personalized approach, proven results, and emphasis on client care. You aren’t just a business transaction — you’re a person who deserves respect, dignity, and justice.

How Is Liability Determined in a Side-Impact Collision?

Liability for a side-impact collision is usually based on negligence, meaning one driver failed to use reasonable care and caused the crash. Running a red light, failing to yield, speeding, or making an illegal turn are examples of negligence that can result in a side-impact accident. The key to a successful claim is showing that the other driver acted negligently and that their actions directly caused the crash.

Side-impact accidents often happen at intersections, where both drivers may claim they had the right of way. That’s what makes these cases more complicated. You’ll need robust evidence like police reports, traffic camera footage, witness statements, and sometimes expert analysis to determine what happened and why you should receive compensation. That’s where a car accident lawyer can help.

An experienced auto accident attorney will know how to investigate complex crashes, collect the necessary evidence, and push back when insurance companies try to shift blame or downplay your injuries. Insurers are never eager to make a big payout, so you need an advocate to level the playing field during settlement negotiations.

Can You Be Partially at Fault for a Side-Impact Accident?

Side-impact car accidents in Florida involve complicated legal and insurance issues, especially when determining fault and compensation. Under Florida’s no-fault insurance system, drivers must buy personal injury protection (PIP) coverage and first turn to their own insurance after a collision. This rule applies no matter who causes a crash.

However, if you sustained severe harm — such as a permanent injury, significant and permanent scarring or disfigurement, or the permanent loss of an important body function — you may have the right to step outside the no-fault system and file a car accident lawsuit against the at-fault driver. You must prove your injuries meet the severe injury threshold in Florida law to sue.

Even if you have the right to sue, Florida’s comparative fault law can still affect how much compensation you receive. If you share any blame for the side-impact collision, the insurer or court will assign you a percentage of fault. Any compensation you receive is reduced by that percentage. For example, if your losses add up to $100,000 in damages but you are 20 percent responsible for the crash, you would receive $80,000.

There’s one catch: Under Florida’s modified comparative fault system, you cannot recover damages if you are more than 50 percent at fault.

Because side-impact collisions often involve contested claims about who had the right of way, working with a skilled car accident attorney is essential to protect your legal rights and fight for maximum compensation.

Key Evidence Needed to Prove Liability

Examples of evidence a car accident lawyer might use to prove you didn’t cause a side-impact accident include:

  • Medical records
  • The police accident report
  • Accident scene photos
  • Traffic camera, dashcam, or surveillance footage
  • Witness statements
  • Toxicology test results
  • Traffic citations
  • Cell phone data
  • Expert testimony
  • Forensic data analysis
  • Physical evidence
  • Vehicle maintenance history

Our side-impact crash attorneys will leave no stone unturned in gathering the evidence needed to build a persuasive personal injury case on your behalf.

What to Do After a Side-Impact Crash

Follow these steps to protect your rights after a Florida side-impact crash:

  • Check yourself and others for injuries.
  • Call 911 to bring police and an ambulance to the accident scene.
  • If possible, move your vehicle to the side of the road to avoid secondary wrecks.
  • Collect names and insurance information for all drivers.
  • Ask eyewitnesses for their names and contact details.
  • Notify your insurer to prevent delays in receiving PIP benefits.
  • Follow your doctor’s orders exactly as prescribed.
  • Keep all crash-related records, including medical bills, pay stubs, the police report, vehicle repair estimates, and other expenses.
  • Avoid posting about the accident on social media.
  • Don’t speak to the other driver’s insurance company until you consult a skilled car accident lawyer.

Common Defenses Used by At-Fault Drivers and How to Counter Them

The other driver or their insurance company will likely try to avoid responsibility for a side-impact collision. Knowing what to expect — and how to counter these claims — can make a big difference in the outcome of your case.

Here are a few common defenses and strategies your lawyer may use to challenge them:

  • You ran the red light or stop sign. Your lawyer can use traffic camera footage, eyewitness accounts, or expert analysis to prove you had the right of way.
  • You were speeding.  Your attorney may obtain vehicle data or surveillance footage to show that your speed was within legal limits or not a factor in the crash.
  • You made an unsafe turn or lane change – Evidence from the crash scene, such as skid marks or vehicle positioning, can help forensic experts reconstruct the accident accurately.
  • You had no visible injuries. Medical records and expert testimony can show that some injuries take time to appear and are still severe.

Contact Our Florida Side-Impact Collision Attorney Today

At Zimmet & Zimmet, we know that obtaining compensation can restore your financial security and provide peace of mind after a side-impact crash. Call now or fill out our contact form for a free case review with a proven car accident lawyer.