How Do I Prove I Wasn’t At-Fault in a Car Accident?
Getting into a car accident is a high-stress situation. You may be seriously injured, and your vehicle probably has extensive damage. While you may wonder how you are going to work, who was at fault for the collision should also be on your mind.
Fault plays an important role in car accident claims in Florida. If you are even 51 percent responsible for the crash, you cannot sue for your damages. Learn how to prove you were not at fault in an accident, what the Modified Comparative Negligence law is, and how Personal Injury Protection (PIP) insurance plays a part in your claim.
How to Prove Fault in a Florida Car Accident
Proving you were not at fault in a Florida car accident requires a combination of steps. First, you want to collect as much evidence at the scene as possible. Police reports, nearby surveillance footage, photos or videos of your car’s damage, skid marks, road conditions, traffic signs, and weather are cornerstone evidence to prove liability.
Witness statements are also valuable, so collect bystanders’ contact information for your attorney. Medical records are another crucial component for car accident victims. These documents establish a clear link between the crash and your injuries. Get to the hospital right away, as delaying treatment could suggest you were not seriously harmed or even that you were responsible for the accident.
An Explanation of Florida’s Modified Comparative Negligence Rule
Florida adopted a modified comparative negligence system in 2023. Under Florida Statutes § 768.81, most plaintiffs of personal injury cases are barred from recovering damages if they are found to be 51 percent or more at fault.
However, if you are under the 50 percent threshold, your damages would likely be reduced by the percentage of blame you were assigned. For example, if your damages totaled $10,000, and you were found to be 20 percent at fault, you could be entitled to 80 percent of your losses, or $8,000.
How Does PIP Factor into an At-Fault Car Accident?
Florida is a no-fault state, but understanding what that means to you as the plaintiff is understandably confusing. The PIP portion of your auto insurance policy acts as the primary coverage for medical bills and lost wages after a car accident, regardless of who caused it. Even if you did cause the collision 100 percent, your own $10,000 minimum PIP policy would cover 80 percent of your medical expenses and 60 percent of your lost wages.
Contact Us for Help Proving You Were Not At-Fault in a Car Accident
Proving you were not at fault in a car accident can be challenging on your own. That is why we recommend connecting with the trusted legal team at The Florida Firm. Our award-winning personal injury attorneys tackle the tough cases other firms are not equipped to handle.
No matter how complex it is to determine fault in your accident, everyone on our team has the skills to see your case through to a successful settlement. So, go ahead and take advantage of our contingency-based fee structure. You have nothing to lose. Call now for a free consultation.
