Proving Negligence in a Car Accident Case in Florida
One of the most important aspects of any successful car accident case is showing that the other party is responsible for the injuries, trauma, and financial distress they’ve caused. Proving negligence in a car accident in Florida generally requires an in-depth investigation, substantial evidence, and comprehensive documentation of your injuries and expenses.
The team at Zimmet & Zimmet has been protecting the rights of injured Florida clients since 1975. In other words, we know how to prove fault in a Florida car accident case. However, there are things that you can do to help establish liability, too. Knowing what those things are can make a tremendous difference in the outcome of your case.
When you’ve been injured in a car accident in Florida, call Zimmet & Zimmet to learn more about how we can help you seek the compensation you deserve. People know us for our personalized approach, proven results, and emphasis on client care. You aren’t just a case number — you’re a person who deserves respect, dignity, and justice.
Understanding Negligence Under Florida Car Accident Law
Negligence is a legal term that applies when someone fails to exercise reasonable care, and their failure results in someone else’s injury or financial loss.
Some examples of negligence in Florida car crash cases include:
- Distracted driving, such as texting or talking on the phone while driving
- Speeding, weaving through traffic, or tailgating
- Running red lights or stop signs
- Driving drunk or under the influence of drugs
- Failing to signal a turn
- Falling asleep at the wheel
- Failing to adjust to weather or road conditions
When someone does one or more of these things behind the wheel and causes an accident, they may be liable for any losses or injuries they cause. An experienced attorney who understands Florida car accident negligence can identify these harmful acts and pursue maximum compensation from the at-fault driver.
The Four Elements of Negligence
If you want to know how to prove fault in a Florida car accident, you must understand the four basic elements of negligence. Those elements include:
1.Duty of Care
Anyone who gets behind the wheel of a vehicle in Florida has a legal duty to operate that vehicle safely and follow traffic laws. That means staying alert, avoiding distractions, obeying speed limits, and signaling when turning.
2. Breach of Duty
When a driver fails to uphold their duty of care, that’s considered a “breach of duty.” For example, if the driver speeds, texts while driving, or blows a red light, they violate traffic laws and therefore breach their duty.
3. Causation
Once you’ve shown that the driver breached their duty and endangered you, the next step is to show that their breach of duty directly caused your injuries. This means proving a clear link between the driver’s actions, the accident, and the harm it caused you.
4. Damages
The last stage of proving negligence in a car accident in Florida is showing the impact of your injuries on your life and the extent of the damage the liable party caused. You can do this by showing the financial losses (medical expenses, lost wages, and property damage) you’ve incurred and the pain, suffering, and trauma you’ve endured.
Comparative Fault in Florida
Florida’s laws regarding fault are another important factor to consider when you’re seeking compensation for your injuries. Fortunately, our state is more lenient than some others when it comes to partial responsibility in car accidents. We use a “comparative fault” system, which means that you can still seek compensation even if you’re partially at fault for the accident. However, your compensation will be reduced by the percentage of your fault at the end of the legal process.
For example, if your compensation were $100,000 but you were found to be 40 percent at fault, your final award would be reduced by 40 percent, and you would receive $60,000.
Additionally, if you are more than 50 percent at fault, you will be prevented from obtaining any compensation. Because of this system, insurance companies will attempt to shift as much blame as possible onto you to minimize your payout. That’s why it’s crucial to work with an attorney who has experience proving negligence in Florida car crash cases when seeking maximum compensation for car accident victims.
Evidence Used to Prove Negligence in a Car Accident Case
You can prove Florida car accident negligence in a variety of ways.
Your attorney will most likely seek the following when building your case:
- Police reports
- Photos and videos from the scene
- Surveillance footage
- Witness testimony
- Medical bills and financial records
- Expert testimony
Experienced attorneys know how to obtain, preserve, analyze, and present this evidence to insurers, judges, and juries to prove the liable party’s negligence and hold them accountable for the damage they’ve caused.
Benefits of Working with a Florida Car Accident Attorney
Pursuing a car accident claim on your own can be complicated and overwhelming, particularly if you’re recovering from serious injuries. Working with an experienced attorney can alleviate many of the burdens involved in seeking compensation while also helping you build a far stronger case. Our car accident attorneys offer:
- Free Case Review – You shouldn’t have to worry about enduring further financial distress just to learn whether you have a valid claim. We’ll sit down with you, review your case, and suggest the best legal option available, free of charge.
- Investigation and Gathering Evidence – We work to prove negligence in Florida car crash cases by investigating the accident to determine the cause and circumstances of the accident. In some cases, we work with accident reconstruction experts to paint a complete picture of what happened before, during, and after the collision.
- Negotiating with Insurance – Insurance companies will employ various tactics to protect their profits by minimizing your payout. We know all of those tactics and how to counter them. When they sit down with us at the negotiating table, they know that we refuse to back down for our clients.
- Representing You in Court – When insurers won’t offer a fair settlement, we can file a car accident lawsuit and take the claim to court, where seasoned trial attorneys can present your case to the judge or jury and fight for a favorable verdict.
- No Fees Unless We Win – We work on a contingency fee basis, which means that you don’t pay anything in legal fees unless we win your case.
Contact a Florida Car Accident Lawyer Today
Proving Florida car accident negligence takes a team of experienced legal professionals who know what evidence you need, how to obtain it, and how to present it. The team at Zimmet & Zimmet has the knowledge and experience to prove the other party’s responsibility and pursue maximum compensation on your behalf. Contact us today for your free consultation.