Florida has a no-fault system. If you were to get into a minor car accident, you do not have to prove fault to receive compensation. Both you and the other driver (regardless of fault) would be able to file a claim with your individual insurance companies.
There is also the pure negligence standard. In Florida, people can share fault. If another driver was determined to be 75% at fault for the accident, your awarded damages might be reduced by 25% (your level of responsibility).
However, you may face mounting medical bills if you are seriously hurt. Or the injury you suffered caused you to miss work, resulting in lost wages. There may even be scenarios where people are in car accidents and are left with permanent injuries.
If you and your attorney seek compensation for these injuries, then you will have to prove that the other driver was “at fault” and caused the accident.
What is Fault?
When someone is said to be the at-fault driver, they are being accused of failing to act as a reasonable person would have. For example, imagine driving ten mph above the speed limit while simultaneously texting and ultimately running through a red light.
If you get behind the wheel of a car, you must obey speed limits and other traffic laws because they exist for the safety of others. A reasonable person would adhere to these laws.
Think of it another way: If someone causes an accident and hurts you, that same person had a duty to act in a way that didn’t put you at risk or in danger.
Now that you understand what fault is, you likely have questions about how you can prove it. Although your attorney will be in the best position to make this argument, you can help him by providing the proper documents.
If you follow the logic that an at-fault driver did something that a reasonable person wouldn’t have done, then what can you provide your attorney that proves that assertion or belief?
- Police reports
- Photos & videos of the accident and damage
- Witness statements
- Medical records of your injuries
The more evidence you can provide, the better position your attorney will be in to fight for your compensation.
Feldman Legal Group
At the Feldman Legal Group, we work towards securing full compensation for those who were injured due to the negligent acts of others. Because of our extensive amount of trial experience, we have a deep understanding of how to fight for your claim. Allow our experience to work for you. Contact the Feldman Legal Group to request your assessment.