Who is At Fault in a Florida Car Accident?
By Team at Zimmet & Zimmet, In Personal injury, 0 Comments
Finding fault in a Florida car accident is essential to receiving maximum damages from a personal injury lawsuit. In some states, you only have to prove a reasonable amount of fault to be considered the victim. Florida is not one of them.
If the party that struck you is fully at fault, then you are entitled to 100% of the damages. However, if the other party can prove that you were partially at fault, the amount you receive would be decreased.
That’s why is so important to do your due diligence at the scene of the accident. Yes, you will be mentally rattled, but if you can keep your cool and remember to take a few specific actions, you can save yourself a lot of time and money.
Remember that all lawsuits should be overseen by an experienced Daytona Beach personal injury attorney.
Why Determine Fault?
Florida follows the rule of comparative negligence when it comes to automobile accidents. That means if you are found to be at fault for any percentage of the accident, the amount you could receive in damages will be reduced.
For instance, if you are found to be 15% at fault for the accident, your total damages will be reduced by 15%. In order to receive the maximum settlement possible in your Florida personal injury lawsuit, you have to prove that the other motorist was 100% at fault.
But how do you do this?
You must prove beyond all doubt that the other driver failed to uphold the standard of care that all motorists are required to show on the road. This includes following traffic laws, stopping at red lights and stop signs, staying under the speed limit, avoiding distracted driving, and not driving while under the influence of controlled substances like drugs or alcohol.
Talk to Witnesses
There are almost always witnesses at the scene of an accident. Go up and talk to them, see what they remember. If it’s something that you can use to prove fault, take down their information. Witnesses are the ultimate backup to help prove your story when speaking with the police.
Make sure to get names, phone numbers, and email addresses for all witnesses, and provide them to your attorney for follow up contact.
Be Familiar with Florida Traffic Laws
If you can prove that the other motorist had in some way violated Florida traffic laws, then you have a much stronger case in proving fault. Review the laws on your own and compare them to your memories of the accident and witness accounts.
Make sure that you discuss every detail with your Florida personal injury attorney so that you can take advantage of their wealth of expertise on the subject.
Take Photos and Videos at the Scene
You need to be able to recreate the scene of the accident, so take as many photos and videos as you can. Photograph the damage to your vehicle, their vehicle, skid marks on the road, the area in which the accident took place, every witness that you interview, and any other relevant information that you can find.
If you can record witness testimony, that’s also great.
Any visual evidence will be important in your quest to prove fault.
Contact an Attorney
Once you have all your ducks in a row, it’s time to contact an experienced Daytona Beach personal injury attorney like Zimmet & Zimmet. Let them use their experience and legal know-how to help you prove fault and receive 100% of the damages owed to you. Contact them at (386) 255-6400.
For More Information
The Dangers of Texting and Driving in Florida