Imagine you've been in an accident with another driver. It feels clear to you that another driver is guilty because you tell your friends, "he hit me, I didn't hit him." Usually come into play when the injuries are minor and both drivers require their own personal injury (PIP) and Responsibility (PDL). But the story changes when the accident causes serious damage, and you decide to take legal action against another driver for medical expenses, pain and suffering as well as other damage not covered by the bug report.
In order for such a claim to be successful, a lawyer must prove the fault of another driver to another driver's insurance company or, if necessary, to a judge and jury. Insurance companies, of course, remain in business in an effort to limit their liability for paying payments as much as possible. Detailed evidence of the carrier's guilt is how lawyers are pushing back to the insurer's poor clearing offer to keep costs low. The same detailed evidence is useful if the insurance company refuses to insure, and your lawyer must prove your claim in court.
This guide discusses how to prove another driver's fault in a Florida car accident and some tips on gathering evidence that another driver would be responsible for legal liability for damage caused by an accident
Testimony of Florida In the event of a car accident
When you apply to another driver for an accident in a car accident, you usually have to prove that the other driver was "guilty". One way to do this is to show another driver intended in the event of an accident and tried to hurt you. If you can prove this, another driver is responsible for you and probably also for the prison.
However, the second driver was no longer trying to get into the wreck more than you were. Instead, it is up to your lawyer to prove that the other driver is guilty because he was careless . The courts in Florida, like other states, assess four criteria to ensure that someone acts negligently. These criteria apply to most cases of personal injury, but here is the way they fit into a car accident or wrong:
Duty to care
The defendant must be obliged to take care of the claimant. In St. Petersburg, Florida, and all over the country, drivers are owed to other motorists, pedestrians cyclists, etc. Reasonable care. This is the idea that a driver does not drive in a way that can reasonably be expected to harm others. In other words, every driver is obliged to pay each other driver an obligation to drive safely and includes another driver in an accident.
Breach of Customs
The defendant has had to breach his obligation to act against the plaintiff. This means that another driver drove in a way that can reasonably be expected to cause you harm. Violation of transport legislation is often evidence of carelessness in a car accident, for example when drivers use red lights, speed or driving under the influence of drugs or alcohol.
Violation of the defendant's duty of care has to be the "cause of the car accident" which caused the applicant's injury. Lawyers have completed countless legal books that tell us what this sentence means, but the basic idea that the accident caused by the accident and, to some extent, the applicant's injury in it, should have been reasonably foreseeable because the defendant had breached its obligation
An accident must have caused detectable damage. In other words, if you were a super hero who drove an indestructible car, you would not have a claim against another driver, even if he had violated his maintenance duties and caused an accident because you and your car were not damaged. accident. Of course, it has never happened, and car accident victims have the right to claim compensation for damages that include current and future medical expenses, lost wages, lost earnings capacities, pains and suffering and much more.
Tips for Certifying Another Driver Show Your Car
If there is a dispute about whether another driver "hit you", here are some tips to get the information you need to maximize the probability of proof another driver fault:
Get a copy of the police report
When car accidents are serious, the police and the first respondents usually appear. Regardless of whether it is the Florida state guard or the St. Petersburg police, at least one law enforcement agency in the accident site will send an official report on the accident. Police reports are written observations of the officer who has been involved in the accident, have carried out a preliminary investigation, spoke to witnesses, etc. Police reports often include tips on liability, such as the presence of the Marks, and if another driver was mentioned in traffic offenses
day, or to avoid an accident, ambulance transport is not required, it is possible that the police will not appear at the scene of the accident. If this happens, you should call them or go to the nearest St. Petersburg police station for a report. The clerk takes down your accident account and follows the witnesses to confirm what happened. Make sure you get a copy of the final report; If another driver was guilty, the police report is one of the best ways to prove responsibility.
Collecting Evidence of Damage to Your Car
It was already discussed that it is important to call a police officer and get a police report immediately after a car accident, but if you are physically fit, you may also benefit from the collection evidence of vehicle damage to your car as proof that another driver hit the car. Take the time to get the witness names and contact details of the accident. Also, use a mobile phone to take videos or pictures of vehicle damage on both cars.
t For example:
Backward Collisions : If a car hits a car from behind, a rear-end collision is never your fault even if you have stopped in the middle of the road. Safe driving requires that you have enough time and distance between the front of your vehicle and the vehicle in front of you, so you have enough time to stop if the front car makes a quick turn or a sudden stop. When the vehicles choose to follow too closely or do not pay attention to the car in front of the car, the law is in front of the driver and is looking for the driver's fault. When a collision occurs, the rear of one car and the front of the other car are both damaged, so their fault is not enough. Still, there are situations where you may share responsibility, as brake lights do not work. Left Side Collisions : When motor vehicles turn to the left, they have to fill the upcoming traffic. In the event of an accident, there is almost always a driver fault. There are a few exceptions to this rule when the car is running directly at speed or through red light. The passenger side of the car turning in the left-hand accidents is damaged and the front of the other car. Left-side accidents can also occur when the driver turns left to turn into a car that passes the second lane without seeing them, causing damage to the drivers of the approaching vehicle. The location of the damage makes it difficult for the accident to happen. In addition to the rare exception, the law generally supports the driver of a non-reversible vehicle
Use the transport legislation to support your case
Directly demonstrating that another driver hit the car, but they help prove the responsibility or fault in the car accident claim. When a driver violates traffic rules, showing a fault and negligence in a car accident in Florida is a much simpler task. If the police arrived at the accident site, they might have already mentioned traffic violations by another driver. In cases where the police do not appear on the spot, you have to do a little research
You can investigate Florida traffic law online, or go to your local library or motor vehicle department (DMV). Violation of traffic offenses, such as failure of profits, speeding and more, may have resulted in an accident or worsening of injuries. Taking into account the fact that the law applicable to the accident (law) is in a pleasant position when dealing with your insurance company or another carrier.
Comparative carelessness in Florida car accident claims
Although you could provide evidence to an insurance company or a Florida court with a qualified lawyer, it does not necessarily mean that other drivers carry all defective. Florida applies a pure comparative carelessness rule to personal injury cases, including those related to car accidents. Comparative carelessness is a concept of solidarity, which means that you may be partially responsible for the accident. In all damages actions, the rule requires the court or judge to give each party a percentage of the defect, regardless of whether it would be 50% / 50%, 100% / 0% or something in between. Any damage that the court grants to the plaintiff will be reduced by the percentage that the court finds to have been involved in the accident.
Consider the previously mentioned left-hand accident scenario. The car turns left in front of you on the road. You can't avoid an accident, so there's a traffic accident. In most cases, the court finds that another driver is 100% guilty in this situation; However, you were accelerated. The applicant claims that if you had not been speeding up, the accident might not have happened or the impact would have been much smaller. The Court notes that you are 20% of guilty or negligent because of the accident and the resulting injuries.
If you and your lawyer decide to sue $ 1,000,000, and the court handed down your judgment, they will reduce the award by 20 percent. This means that you are forbidden to recover more than $ 800,000 in damages. A professional car accident attorney understands comparative carelessness and advocates getting the best possible result for your situation.
Contact a St. Petersburg attorney who is responsible for finding a fault in a car accident claim
] Sometimes car accident claims are simple and simple, but often they are complicated Cases involving multiple parties and insurance companies. The Florida Defect Insurance Law and PIP coverage increase the complexity of the car accident. We've talked about things you can do to prove your car accident claim, but ultimately the best decision is to hire an experienced personal injury attorney who will guide you through the legal process and tell you at the right time to increase your insurance coverage
suffered an accident in a car accident in St. Petersburg or Pinellas County, contact lawyers in an aromatized car accident at Dolman Law Group, (727) 222-6922 for details and learn how we can help you return your earnings.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712