Proving Fault in a Florida Car Accident

Proving fault in a car accident is not always a straightforward process. In Florida, car accident victims must prove that the other driver was at least partially responsible for the crash in order to receive compensation in a personal injury lawsuit. With more than 17 years representing car accident victims in Jacksonville, FL, auto accident lawyer Joseph C. Miller has helped countless clients receive compensation to cover their medical bills, lost wages, and other damages. If you have suffered an injury in a car accident, contact Mr. Miller at Dunlap Ravis & Miller right away to review your legal options in a free consultation.

Comparative Negligence Law in Florida

Florida employs a system called comparative negligence, which means the amount of compensation you receive is directly tied to your level of responsibility for the accident. For example, if a jury finds that you were 40 percent responsible for a crash, your compensation will be reduced by 40 percent. In the event a jury awards $100,000 in damages, you would then receive $60,000.

A car accident lawyer can protect you against insufficient compensation and assuming a larger degree of responsibility than is warranted.

Comparative negligence law comes from the idea that not all car accident cases are black and white. Oftentimes each party will bear some degree of responsibility. For that reason, it is essential that you have an attorney who can prove the other driver was negligent to the highest degree.

Two drivers arguing at the scene of a car accident

How Negligence Is Determined

In Florida, you must demonstrate the following to prove fault in a car accident:

  • The driver had a duty of care. Drivers owe a duty of care to other motorists on the road. That is, they are expected to drive responsibly and obey traffic laws.
  • The driver failed their duty of care. If, for example, the other driver was speeding or ran a red light, they failed their duty of care.
  • The driver’s failure caused your injury. You must prove that the injury you suffered was a direct result of the other driver’s negligence.
  • The injury caused you to suffer losses. You must demonstrate that you suffered financial losses as a result of the injury, such as medical expenses and lost wages.

Proving fault in a car accident requires a thorough investigation of the crash. We will examine all available evidence including witness statements, medical records, details about the road conditions, violations, citations, and photographs from the scene.

The Role of Insurance Companies in Auto Accident Claims

Ultimately, the insurance companies are the ones who determine fault in auto accidents. They assess all available evidence from witness statements to police reports to examine whether the driver breached their duty of care.

Unfortunately, sometimes insurance companies get it wrong. Other times, they stall or deny claims. For these reasons, it is important that you speak to an attorney before offering a statement that the insurance company can use to demonstrate that you were at fault. A car accident lawyer can protect you against insufficient compensation and assuming a larger degree of responsibility than is warranted.

Contact a Jacksonville Car Accident Attorney

If you have been injured in a car accident, you need a proven auto accident lawyer who can demonstrate that the other driver was at fault and secure the maximum compensation. That attorney is Joseph C. Miller. Schedule your free initial consultation now by contacting us online or calling (904) 358-2020.

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