If you were involved in a car accident in the State of Florida, then you might be wondering, “How is fault determined?”. The best way to determine fault after a car accident is to seek legal counsel from an experienced car accident lawyer.
You could be entitled to file a claim against the at-fault party’s insurance company and receive compensation. The determination of fault is usually made by a judge after they analyze information, speak to legal representatives, insurance companies, and the police officers who were at the scene of an accident.
At The Law Place, we have over seventy-five years of collective experience when it comes to helping people to determine fault after an accident in the State of Florida. Our law firm understands the complicated nature of accident cases, and we want to help you recover the compensation that you deserve, regardless of who was at fault.
A car accident lawyer will talk to the insurance companies involved and negotiate for the maximum amount of compensation that will cover your damages. You should call our office to speak to a car accident lawyer now. Our phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
Determining Fault in a Car Accident in the State of Florida
If you want to establish fault in a car accident, then there are four elements to consider:
- Duty of care – A driver has a responsibility to take the necessary measures to operate their motor vehicle safely.
- Breach of duty – A driver breached their duty of care by acting negligently.
- Causation – A driver’s breach of duty caused a car accident.
- Damages – The car accident resulted in injuries and losses.
A car accident lawyer from The Law Place will help you to establish who was at fault for an accident in the State of Florida. Call our office to set up a free consultation now.
Evidence Helps to Determine Fault in the State of Florida
The most common types of evidence that help to determine fault after a car accident include:
- A police report.
- Damage reports.
- Statements from witnesses.
- Photographs or videos.
In most cases, a police report will indicate who is at fault for a car accident. The police and insurance companies who are involved in the case will be the ones to analyze the details and determine fault.
What to Do After a Car Accident in the State of Florida
It is imperative that you know what steps to take after a car accident to protect your legal rights. The Law Place highly recommends that you:
- Move to safety – If you are in danger, then you should move to safety near the location of the car accident.
- Check for injuries – If there is an injury, then you should call an ambulance.
- Call the police – You have to call the police to the scene of a car accident, as stated in Florida Statute 316.062. The police officers will make a report of the crash.
- Collect evidence – If you can, try to take photographs and videos of the accident, property damage, road marks, injuries, and other evidence.
- Go to the hospital – It is important that you go to the hospital after a car accident, even if you think that you avoided the crash without sustaining an injury. A medical report from a doctor will be extremely beneficial for your case, and it will also help to determine liability in the car accident.
- Insurance company – You are given a limited amount of time to call your insurance company and inform them about a car accident. It is worth noting that insurance companies determine fault rather quickly as a way to pay as little compensation as possible following an accident. That is why we strongly advise that you do not share specific details and information about the crash with your insurance company.
- Hire a car accident lawyer – It is imperative that you seek legal counsel from a car accident lawyer after a crash in the State of Florida. If you call The Law Place now, we will sit down for a free consultation and discuss the details of your case.
Types of Car Accidents in the State of Florida
- Distracted driving – A distracted driving accident is usually caused by a driver texting while driving, eating or drinking, engaging in conversation with another person, and other types of distractions.
- Driving under the influence (DUI/DWI) – A DUI accident is usually caused by a driver who has consumed alcohol or other drugs.
- Aggressive driving – An aggressive driving accident is usually caused by a driver who intimidates other road users, weaves in and out of traffic, tailgates, and displays other types of aggressive behavior.
- Traffic law violations – A car accident involving traffic law violations usually includes speeding, failing to yield, running a red light or stop sign, and many others.
- Defective parts – A car accident involving defective parts usually include the malfunctioning of the steering systems, tires, brakes, airbags, and more. In the case of a defective part accident, a vehicle manufacturer or the company that sold the defective part can be held liable.
- Road hazards – A car accident involving road hazards is usually caused by weather, time, or construction damage to the road. In the case of a road hazard accident, the state and local government agencies can be held liable for neglecting the maintenance of the road (unless the road is owned by a private party).
Other Types of Accidents in the State of Florida
When someone hears about a car accident, they will probably think of two cars crashing into each other. However, there are motorcycles, buses, trains, SUVs, tractor-trailers, and boats that are also involved in accidents. The Law Place has successfully managed all types of accidents, including:
- Pedestrian accidents.
- Bicycle accidents.
- Motorcycle accidents.
- Car accidents.
- Truck accidents.
- Train accidents.
- Uber and Lyft accidents.
- Driving distracted accidents.
- Reckless driving accidents.
- Drunk driving accidents.
- Fatigued driving accidents.
- Uninsured motorist accidents.
- Auto product liability accidents.
Car Accident Injuries in the State of Florida
The type of injury that you sustain in an accident is usually dictated by a number of factors. The Law Place will take the time to investigate all of the aspects of your case in order to determine fault. The most common types of injuries that people sustain in a car accident tend to include:
- Neck or back damage.
- Spinal cord injury.
- Broken bones.
- Loss of limbs.
- Head trauma.
A car accident lawyer from The Law Place will work hard to develop a claim that will cover all of your medical expenses, lost wages, property damage, pain and suffering, and other damages.
Compensation for a Car Accident in the State of Florida
The Law Place will figure out the extent of the damage caused and calculate the amount of compensation that you deserve following a car accident in the State of Florida. Our team of car accident lawyers will negotiate with the insurance companies involved and fight for the maximum amount of compensation for your case:
- Medical expenses – You could be due compensation for prescription medication, physical therapy, rehabilitation, visits to the doctor, hospitalization, and more.
- Lost wages – You could be due compensation for a loss of income, changes to your usual income, and a reduced earning capacity since you have been unable to work.
- Property damage – You could be due compensation for property damage, including the costs to repair or replace your motor vehicle.
- Pain and suffering – You could be due compensation for a reduced quality of life, including mental anguish, emotional trauma, and physical pain.
- Wrongful death – You could be due compensation for the loss of someone you love in an accident by filing a wrongful death claim as stated in Florida Statute 768.21.
Statute of Limitations on Car Accidents in the State of Florida
You are given four years from the date of the car accident to file a personal injury claim against the insurance company of the at-fault party under the statute of limitations in the State of Florida.
You are given only two years from the date of a loved one’s death to file a wrongful death claim under the statute of limitations in the State of Florida.
If you do not file a personal injury claim or a wrongful death claim in time, then your case will get thrown out by the court.
Florida Statue 95.11 describes the statute of limitations in detail.
Contact The Law Place Today
If you suffered a car accident as a result of another driver’s negligence, then you will need to enlist the services of a car accident lawyer to help you to determine fault. It is imperative that you have a car accident lawyer on your side to guide you through the legal system and negotiate with the insurance companies involved.
At The Law Place, we have over seventy-five years of combined experience and knowledge in determining fault on behalf of clients in the State of Florida. Our law firm has successfully managed car accidents that range from distracted driving, driving under the influence of alcohol or drugs, aggressive driving, texting while driving, and many other types of cases.
If you need help talking to insurance companies, then you should reach out to a car accident lawyer from our law firm. We understand that it can be tricky to speak to insurance companies, and we can speak to them on your behalf. A car accident lawyer will investigate your car accident, gather information and facts, deal with the paperwork, calculate the losses and file your car accident claim. We will negotiate with the insurance companies and the drivers involved to agree on a favorable resolution. In addition, we will fight to secure the maximum amount of compensation for your insurance claim.
Call our office to speak to a car accident lawyer now. Our phone lines are open twenty-four hours a day, seven days a week so that you can talk to us at any time of the day or night.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.