If you’ve been injured in a car accident in Florida, you are probably entitled to some damages, regardless of fault. That’s not to say that fault doesn’t come into play when determining compensation. It is a critical element of car accident claims. However, many of our clients are surprised to learn that they may be entitled to compensation even if they are partially responsible for their injuries.
If you’ve been injured in a car accident, you should contact Long, Jean & Wechsler, P.A. at your earliest convenience. If you have a valid claim, we will represent you on a contingency basis. Long, Jean & Wechsler offers free, no-obligation consultations, so our clients can make an informed decision about their cases. Call today.
Understanding the Concept of Fault and Liability in Car Accidents
It’s often helpful for car accident victims to approach their car accident claims from a knowledgeable standpoint. These are some of the more significant legal concepts that go into a car accident claim.
Fault vs. Liability
These terms are often used interchangeably, but they have different — although closely related — meanings. Fault is a concept that applies to the individual or individuals who are to blame for the accident — usually the driver of a vehicle. Liability refers to the party who is responsible for paying. So, in the case of most car accidents, a driver is at fault, and an insurance company is liable for damages.
The Meaning of No-Fault Insurance
Under Florida’s no-fault insurance law, drivers can turn to their own insurance for medical reimbursement, regardless of fault. Florida requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage. PIP covers 80% of medical expenses. So, for instance, even if you are 100% responsible for your accident, if you have the minimum coverage, the insurance company will pay 80% of your medical bills up to $10,000.
However, PIP insurance does not cover all types of damages, like pain and suffering. And if medical expenses exceed the limit of the PIP coverage, you will have to pursue additional damages through the other party’s liability insurance policy.
The Comparative Fault Principle
Another important concept in Florida insurance claims is comparative fault. Under Florida law, an accident victim is able to pursue damages in proportion to the other party’s degree of fault. To illustrate this legal concept, consider an accident where vehicle 1 runs a red light, blocking the path of vehicle 2, which has the right of way. The front of vehicle 2 impacts the side of vehicle 1. This accident may appear to be entirely the fault of driver 1 since they ran the red light. But what if vehicle 2 was speeding? This would certainly make the collision worse and the damages greater. In a situation like this, the court may determine that driver 1 was 80% responsible for the damages and driver 2 was 20% responsible. If driver 2 incurs $100,000 in total damages, they can collect $80,000 since 80% of the accident was the fault of the other driver.
Four Elements of Liability
When a personal injury attorney from our firm is assessing the viability of a case during an initial consultation, they determine where the following four elements are present:
- Duty of Care – This refers to the duty of the defendant to protect the plaintiff from harm. Every driver operating a vehicle on the Florida roadways has a presumed duty of care for others. Consequently, they must observe traffic laws, ensure that their vehicle safety equipment is maintained, and remain alert while driving.
- Breach of Duty – When a driver violates a law or operates their vehicle unsafely, they are in breach of their duty of care for others. For example, texting while driving is a breach of duty because it requires the driver to divide their attention between the road and their phone.
- Causation – For an attorney to be able to pursue a case, they must be able to demonstrate that the defendant’s breach of duty was responsible or partially responsible for the accident.
- Damages – All motor vehicle accidents with injuries have damages. A personal injury attorney from our firm can calculate the amount of monetary and non-monetary damages that you incurred from the accident. Damages include items like medical expenses, lost wages, vehicle damage, and pain and suffering.
Gathering Evidence to Establish Fault
Most cases are decided on the weight of the evidence. During the initial phases of the case, your attorney will collect evidence and share it with the defense. The defense will also share evidence as part of the discovery process. Types of evidence include:
Medical Evidence
In addition to your medical records, the records of the defendant can also have some bearing on the case. Our attorneys will subpoena the medical records of the other party if we believe that their injuries or blood tests may provide insight into the case.
Traffic Crash Reports
Under Florida law, the police must complete a crash report if there are injuries or if there is more than $500 in damage. This crash report is a critical piece of evidence for both sides of the case.
Testimonial Evidence
Independent witness testimony is invaluable to crash investigators. In addition to being able to corroborate or refute the accounts of those involved, it can provide clarity with regard to the physical evidence. Our attorneys can subpoena and depose any all material witnesses, including the police, other drivers, passengers, and passersby.
Photographic or Video Evidence
Oftentimes CCTV video from nearby businesses, pole cameras, or red light cameras capture the accident as it happens. Sometimes, the parties involved or witnesses have the presence of mind to document the scene in the minutes after the accident.
Expert Witnesses Testimony
Our firm has the resources to bring in crash investigators and medical experts to help develop the case. These professional expert witnesses are certified by the courts and can testify on the witness stand if your case goes to litigation.
All evidence is discoverable, which means that both sides have access to ask for the evidence before the case goes to trial. Our legal team will review all evidence that we develop as well as evidence provided to us by the defense to build your case.
Factors Considered in Determining Fault
While every car accident is different, there are some common factors that go into the determination of fault:
- Was there a traffic violation that caused the accident? For example, if a driver fails to yield the right of way to another vehicle, more than likely, the accident is at least partially their fault.
- Did unsafe equipment cause the accident? Unsafe equipment is a common cause of accidents. Cars with balding tires may take longer to come to a complete stop in the rain. Vehicles with broken tail lights or brake lights are more difficult to see stopping.
- Did the claimant contribute to the cause and severity of the accident? Plaintiffs often minimize their settlements by making statements before speaking to an attorney. For instance, saying something like, “I had a green light, but I was also going a little fast,” could reduce the amount of your claim.
- Is the testimony supported by corroborating evidence and the facts of the case? Unfortunately, drivers and passengers who are involved in accidents often give conflicting accounts, usually in their favor. Corroborating evidence is essential in establishing fault in car accidents.
The Role of Insurance Companies in Fault Determination
Insurance companies have a vested interest in minimizing settlement amounts. It may seem reasonable that two insurance companies covering different drivers in the same accident would take opposite positions, but that’s often not the case. By reducing the overall amount of damages, both companies limit their respective payouts. That’s why it’s essential to have your own personal injury lawyer. Insurance adjusters may act like they’re on your side, but in reality, they’re incentivized to settle your case as quickly and for as little as possible.
Frequently Asked Questions About Liability in Car Accidents
If you’ve been injured in an accident, the best way to have your questions answered is to talk to one of our personal injury lawyers in a one-on-one free consultation. Here are some of the most commonly asked questions we hear from prospective clients:
When Should I Go to the Doctor?
We’re often shocked that people call us and ask, “Should I seek medical attention?” after they’ve been involved in an accident. The answer is a resounding “yes.” Your health comes ahead of all other considerations. Seek medical attention immediately and then call Long, Jean & Wechsler, P.A. as soon as possible.
Should I Take the Insurance Settlement if it Seems Reasonable?
It’s generally not in the plaintiff’s best interest to accept a settlement before speaking to a car accident attorney. The adjuster will, of course, do their best to make the settlement offer seem reasonable. However, they may be leaving damages off when they explain it to you. Additionally, you may not know the extent of your injuries until after some time has passed.
Instead of accepting the insurance company’s offer, contact LJW Legal of Pompano Beach, FL. We will review your offer free of charge. If we believe we can do better, and you agree, we will start working on your case immediately. Call today.
If you’ve been injured in a car accident in Florida, you are probably entitled to some damages, regardless of fault. That’s not to say that fault doesn’t come into play when determining compensation. It is a critical element of car accident claims. However, many of our clients are surprised to learn that they may be entitled to compensation even if they are partially responsible for their injuries.
If you’ve been injured in a car accident, you should contact Long, Jean & Wechsler, P.A. at your earliest convenience. If you have a valid claim, we will represent you on a contingency basis. Long, Jean & Wechsler offers free, no-obligation consultations, so our clients can make an informed decision about their cases. Call today.
Understanding the Concept of Fault and Liability in Car Accidents
It’s often helpful for car accident victims to approach their car accident claims from a knowledgeable standpoint. These are some of the more significant legal concepts that go into a car accident claim.
Fault vs. Liability
These terms are often used interchangeably, but they have different — although closely related — meanings. Fault is a concept that applies to the individual or individuals who are to blame for the accident — usually the driver of a vehicle. Liability refers to the party who is responsible for paying. So, in the case of most car accidents, a driver is at fault, and an insurance company is liable for damages.
The Meaning of No-Fault Insurance
Under Florida’s no-fault insurance law, drivers can turn to their own insurance for medical reimbursement, regardless of fault. Florida requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage. PIP covers 80% of medical expenses. So, for instance, even if you are 100% responsible for your accident, if you have the minimum coverage, the insurance company will pay 80% of your medical bills up to $10,000.
However, PIP insurance does not cover all types of damages, like pain and suffering. And if medical expenses exceed the limit of the PIP coverage, you will have to pursue additional damages through the other party’s liability insurance policy.
The Comparative Fault Principle
Another important concept in Florida insurance claims is comparative fault. Under Florida law, an accident victim is able to pursue damages in proportion to the other party’s degree of fault. To illustrate this legal concept, consider an accident where vehicle 1 runs a red light, blocking the path of vehicle 2, which has the right of way. The front of vehicle 2 impacts the side of vehicle 1. This accident may appear to be entirely the fault of driver 1 since they ran the red light. But what if vehicle 2 was speeding? This would certainly make the collision worse and the damages greater. In a situation like this, the court may determine that driver 1 was 80% responsible for the damages and driver 2 was 20% responsible. If driver 2 incurs $100,000 in total damages, they can collect $80,000 since 80% of the accident was the fault of the other driver.
Four Elements of Liability
When a personal injury attorney from our firm is assessing the viability of a case during an initial consultation, they determine where the following four elements are present:
Duty of Care – This refers to the duty of the defendant to protect the plaintiff from harm. Every driver operating a vehicle on the Florida roadways has a presumed duty of care for others. Consequently, they must observe traffic laws, ensure that their vehicle safety equipment is maintained, and remain alert while driving.- Breach of Duty – When a driver violates a law or operates their vehicle unsafely, they are in breach of their duty of care for others. For example, texting while driving is a breach of duty because it requires the driver to divide their attention between the road and their phone.
- Causation – For an attorney to be able to pursue a case, they must be able to demonstrate that the defendant’s breach of duty was responsible or partially responsible for the accident.
- Damages – All motor vehicle accidents with injuries have damages. A personal injury attorney from our firm can calculate the amount of monetary and non-monetary damages that you incurred from the accident. Damages include items like medical expenses, lost wages, vehicle damage, and pain and suffering.
Gathering Evidence to Establish Fault
Most cases are decided on the weight of the evidence. During the initial phases of the case, your attorney will collect evidence and share it with the defense. The defense will also share evidence as part of the discovery process. Types of evidence include:
Medical Evidence
In addition to your medical records, the records of the defendant can also have some bearing on the case. Our attorneys will subpoena the medical records of the other party if we believe that their injuries or blood tests may provide insight into the case.
Traffic Crash Reports
Under Florida law, the police must complete a crash report if there are injuries or if there is more than $500 in damage. This crash report is a critical piece of evidence for both sides of the case.
Testimonial Evidence
Independent witness testimony is invaluable to crash investigators. In addition to being able to corroborate or refute the accounts of those involved, it can provide clarity with regard to the physical evidence. Our attorneys can subpoena and depose any all material witnesses, including the police, other drivers, passengers, and passersby.
Photographic or Video Evidence
Oftentimes CCTV video from nearby businesses, pole cameras, or red light cameras capture the accident as it happens. Sometimes, the parties involved or witnesses have the presence of mind to document the scene in the minutes after the accident.
Expert Witnesses Testimony
Our firm has the resources to bring in crash investigators and medical experts to help develop the case. These professional expert witnesses are certified by the courts and can testify on the witness stand if your case goes to litigation.
All evidence is discoverable, which means that both sides have access to ask for the evidence before the case goes to trial. Our legal team will review all evidence that we develop as well as evidence provided to us by the defense to build your case.
Factors Considered in Determining Fault
While every car accident is different, there are some common factors that go into the determination of fault:
Was there a traffic violation that caused the accident? For example, if a driver fails to yield the right of way to another vehicle, more than likely, the accident is at least partially their fault.- Did unsafe equipment cause the accident? Unsafe equipment is a common cause of accidents. Cars with balding tires may take longer to come to a complete stop in the rain. Vehicles with broken tail lights or brake lights are more difficult to see stopping.
- Did the claimant contribute to the cause and severity of the accident? Plaintiffs often minimize their settlements by making statements before speaking to an attorney. For instance, saying something like, “I had a green light, but I was also going a little fast,” could reduce the amount of your claim.
- Is the testimony supported by corroborating evidence and the facts of the case? Unfortunately, drivers and passengers who are involved in accidents often give conflicting accounts, usually in their favor. Corroborating evidence is essential in establishing fault in car accidents.
The Role of Insurance Companies in Fault Determination
Insurance companies have a vested interest in minimizing settlement amounts. It may seem reasonable that two insurance companies covering different drivers in the same accident would take opposite positions, but that’s often not the case. By reducing the overall amount of damages, both companies limit their respective payouts. That’s why it’s essential to have your own personal injury lawyer. Insurance adjusters may act like they’re on your side, but in reality, they’re incentivized to settle your case as quickly and for as little as possible.
Frequently Asked Questions About Liability in Car Accidents
If you’ve been injured in an accident, the best way to have your questions answered is to talk to one of our personal injury lawyers in a one-on-one free consultation. Here are some of the most commonly asked questions we hear from prospective clients:
When Should I Go to the Doctor?
We’re often shocked that people call us and ask, “Should I seek medical attention?” after they’ve been involved in an accident. The answer is a resounding “yes.” Your health comes ahead of all other considerations. Seek medical attention immediately and then call Long, Jean & Wechsler, P.A. as soon as possible.
Should I Take the Insurance Settlement if it Seems Reasonable?
It’s generally not in the plaintiff’s best interest to accept a settlement before speaking to a car accident attorney. The adjuster will, of course, do their best to make the settlement offer seem reasonable. However, they may be leaving damages off when they explain it to you. Additionally, you may not know the extent of your injuries until after some time has passed.
Instead of accepting the insurance company’s offer, contact LJW Legal of Pompano Beach, FL. We will review your offer free of charge. If we believe we can do better, and you agree, we will start working on your case immediately. Call today.
