Dealing with the aftermath of a car accident is a stressful and complex process. Sometimes proving you weren’t at fault is straightforward. In other accidents, it’s anything but.
The right lawyer will work with you to gather all relevant evidence and prove the other driver was responsible for the accident.
Florida is a no fault state, which means all the parties involved in an accident must turn to their own insurance companies for compensation and coverage, no matter who caused the accident.
However, if you’re in a car accident and receive extensive injuries, your insurance may not provide enough coverage to help you get back to normal. In this case, you can pursue a personal injury lawsuit against the person who caused the accident. This is usually done to seek extra compensation for future medical bills, lost wages, or pain and suffering.
If you decide to pursue a personal injury lawsuit, it is up to you and your lawyer to prove that the other driver caused the accident and you were not at fault.
Florida uses a pure comparative fault system that allows drivers to get compensated even if they were partially at fault for the incident. For example, if you’re determined to be 30% at fault for an accident that caused $10,000 in damages, you’re able to sue for $7,000 of those costs. These include the below:
After being involved in an accident, Florida law requires that you stop and make a full report to law officials. Police officers will file an official report on the accident and its circumstances. You should always request a copy of the police report.
The police might make observations about the actions of the other driver, take notes on suspicious or irresponsible behavior, suspect alcohol or drug use, or issue a traffic citation for a broken law. Each of these is a solid piece of evidence your lawyer can use to prove the other driver was at fault.
You should always take pictures and videos immediately after an accident takes place, as long as injuries don’t prevent you from doing so.
Documenting the extent of your injuries and the damage to your vehicle can help a judge and jury understand how the accident happened, why it wasn’t your fault, and the struggles you’ve been living with ever since.
These might be from the police, other drivers, bystanders and pedestrians, or anyone else who saw what happened before and during the accident.
If someone happened to see the other driver driving erratically, speeding, texting, or doing some other irresponsible action, it will be much easier to prove no fault to a court.
You might also seek expert testimony from a doctor to speak to the extent of your injuries, or from a tow truck operator or mechanic to explain how the vehicle damage could only have been caused by the other driver.
Many well-traveled roads and highways have traffic cameras that can be used to show what happened immediately before an accident.
Similarly, businesses, homes, and other cars often come equipped with video cameras. Obtaining footage of the accident may provide indisputable evidence that you did not cause the crash.
Sometimes, fault in a car accident comes down to a “he said she said” situation, where both sides argue they were acting responsibly and therefore could not be at fault.
If you can prove that the other driver violated a clear automotive law, it becomes much easier to illustrate why you were not at fault for the accident.
Certain types of accidents have what’s called a “no-doubt liability”: basically, it’s almost guaranteed you’re not at fault.
For example, if you were rear-ended, that’s almost always the fault of the person behind you for not leaving enough following distance. Similarly, if you’re proceeding straight through a green light and are hit by somebody making a left turn, they are most likely completely at fault for the accident.
Other types of crashes are the fault of multiple parties by default, such as in a multi-car pileup or situations where unsafe road conditions caused the accident.
If you’ve been injured in a car accident, you already know that insurance companies aren’t always your friend. You need a tough negotiator on your side that can fight to get you the compensation you deserve.
Proving fault can be a complex, time-consuming process that requires a lot of investigation and moving parts. When you work with an experienced automotive lawyer, you can feel confident that we’re doing everything possible to prove you were not at fault so you can focus on what’s most important: getting better.
We’ve helped hundreds of drivers get back on the road to a normal life. Get in touch today: