Why You Need An Attorney To Help You Prove Fault After A Florida Car Accident
Michael Babboni
Car Accidents
Florida has some of the highest rates of motor vehicle accidents in the country. As a result, our legislators have done everything they can to help reduce the costs of these accidents. They have written very complex laws to help reduce the burden on taxpayers. Sadly, insurance companies have taken full advantage of these complex laws and made it very difficult for accident victims to receive a fair settlement for their injuries. However, with the support of an accident attorney, you can get the fair compensation you are owed.Why Is Proving Fault Important After An Accident?
Florida law is clear that whoever caused the accident has to pay for the damages they caused. Though people often refer to Florida as a “no fault” state. That title only applies to the distribution of Personal Injury Protection (PIP) after an accident. PIP coverage is distributed to cover any of the medical costs of an accident no matter who is at fault. What Florida actually uses to determine fault after an accident is a “comparative fault” system.
Comparative fault means that fault will be assigned on a split system depending on the accident. For example, if you are hit by a driver who is speeding, but you didn’t use your blinker when turning, the courts could find the other driver 80% at fault and you 20% at fault. The way fault is split has an impact on your settlement. So if the value of the residual damages after PIP was $10,000 dollars, you will only receive 80% or $8,000. In order to get the full value of your damages it is crucial you prove the other party was truly at fault.
How Is Fault Determined In The State Of Florida?
Proving fault requires a high degree of legal expertise. You have to collect and prepare a lot of evidence and submit it to the right parties. However, the basic concept is simple enough to understand. Florida basically needs the following to be proven to determine fault:
● There was an accident
● The accident caused injuries
● The defendant had a duty to prevent the accident
● The defendant breached their duty
● The breach of duty caused the accident
A good way to understand this is that all drivers have a duty to follow traffic laws. They breach their duty if they are speeding. If their speeding caused the accident and subsequent damages, they are at fault.
What A Florida Car Accident Attorney Does To Prove Fault
When you hire an accident attorney, there are many things they will do to help prove fault in your accident including:
• They will handle all communication with the insurance companies. Insurance companies use a lot of tricks to get people to admit fault when they weren’t responsible for the accident.
• Attorneys will work with the police, private investigators, medical professionals, and other accident specialists to collect all the evidence needed to prove the other party was to blame for the accident.
• They will calculate the full costs of damages including your medical expenses, property damage, as well as other expenses you didn’t think of including transportation, lost wages and work benefits, and even pain and suffering. This will ensure you get the full value of your damages.
• They will fight for you to get fair compensation for all these damages. A good attorney will push insurance companies to settle but will take your case to court if they are not treating you fairly.
Ultimately, an attorney will protect your rights and use their knowledge of Florida law to make sure you are treated fairly.
The St. Pete Lawyer Michael Babboni has been fighting for the rights of Florida accident victims for nearly thirty years. He knows the law inside and out and can help gather all the evidence needed to prove fault. Then he fights to get fair compensation to relieve you of the financial hardship after an accident. To learn more, call 727-381-9200 for a free consultation to learn how he can help you.