Florida is a no-fault insurance state, which means that in the event of an auto accident, both parties must file a claim with their respective insurance provider regardless of fault. That’s not to say that fault is irrelevant in the Sunshine State. If your accident included a “no-doubt liability” action, then you could be awarded full damages.
Finding fault in an accident is key to receiving the maximum amount of damages owed. Because Florida follows the rules of comparative negligence, if you are found to be at fault in any way, the amount that you would receive in a Florida personal injury lawsuit would be reduced.
For example, if you were driving while distracted and were struck by a vehicle which ran a, you may stop sign be found at fault for 25% of that accident. This means that the total in damages you would receive would be decreased by 25%. If you were owed $100,000, you would only receive $75,000 due to your fault in the accident.
Proving fault in a Florida car accident is not easy. It takes a lot of work and vigilance immediately following the accident, during a time in which most people are not thinking at their best.
There are some situations in Florida where the fault is unquestionable. We call these no-doubt liability accidents.
What is a No-Doubt Liability?
Certain types of vehicular accidents almost always find one specific party at fault. These are no-doubt liability accidents. Regardless of the circumstances surrounding the incident, favor in these cases almost always swings in one direction.
Any driver who is making a left turn at the time of an accident is generally considered to be at fault for the collision.
Every rule has its exceptions, and if the left-turning driver were to be hit by someone speeding or running through a red light or stop sign, fault may be split or fall fully in the lap of the person who violated the law. Similarly, if some unexpected road hazard caused a driver to stop or slow down in the path of someone making a left turn, the driver who was turning may not be found completely at fault.
When you rear-end someone, you are generally found to be at fault for that accident. This is because all motorists are supposed to keep at least one car length between them and the car in front of them. This is to ensure that if the front car suddenly stops short, the driver in the rear would have time to respond accordingly.
But, once again, there are loopholes. If the car in front was stalled in the middle of the road in an unsafe manner, the rear-ending driver might not be found fully at fault. Also, if the driver in the front has one or both taillights out, a case could be made that the car behind them had no time to properly slow down.
Contact a Florida Personal Injury Attorney
If you are trying to prove that an accident you were involved in was a no-doubt liability scenario, you might need the help of an experienced personal injury attorney Daytona Beach, like those found at the law offices of Zimmet & Zimmet. Call us today at (386) 255-6400 for a free consultation.
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