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How Can I Prove Fault in a Car Accident in Florida?

In Florida, the determination of who was at fault for a car accident plays an instrumental role in your ability to recover full and fair compensation. As such, it’s imperative to do everything in your power to prove that you were not at fault for the accident to safeguard your rights and interests. Please continue reading to learn how fault is determined in Florida car accident cases and how our determined Manatee County Car Accident Lawyers can help you navigate your legal options.

How is Car Accident Fault Determined & Why is it Important?

Proving fault in a car accident is crucial because it determines who can be held financially responsible for the damages caused by the collision. While insurance will likely cover some of the costs, the at-fault party will typically be liable for covering the remaining expenses for repairs, medical bills, emotional distress, and other losses incurred by the injured party involved in the accident.

It’s important to understand that Florida is a modified comparative negligence state. This legal principle determines the degree of fault each party has in an accident and how that fault affects compensation. Essentially, under this doctrine, an injured party can still recover damages if they are slightly at fault for an accident as long as they are found to be no more than 50% at fault. However, their damages will be reduced by their percentage of fault. If you are more than 50% at fault, you will face the absolute bar of recovery. Therefore, it’s crucial to prove fault to ensure you receive full and fair compensation.

What Evidence Should I Collect to Help My Case?

To recover compensation for the damages you have endured after a car accident, you will be required to fulfill the burden of proof. Essentially, this means you must prove that the other party was negligent by demonstrating they breached their duty of care through their careless or intentional actions. That said, in the immediate aftermath of the crash, you should contact emergency services. This will not only ensure your health but also allow a police officer to arrive at the scene, investigate the circumstances of the accident, and document pertinent details that can help establish fault. A police report serves as valuable evidence that can provide a clear record of the incident.

If circumstances permit, you should capture photos and videos of the accident scene. This can provide visual proof of the damages caused by the crash, which can substantiate your account of the accident. They can record details that may indicate fault as they can serve as a reliable memory aid, enabling you to recall details about the incident.

Furthermore, witnesses can be especially valuable as their testimony can refute conflicting claims made by the other party. You should collect their contact information and obtain witness statements. Witnesses can make your account of what happened more credible by corroborating it with their objective observations. They can provide critical details that you may have missed.

At Becker & Lindauer, LLC, we are prepared to help guide you through this complex legal process, gather necessary evidence, and maximize your chances of a successful claim. Connect with our firm today to learn how we can fight for you.