Proving Fault In a Car Accident
If you were injured in an auto accident, you may be able to obtain various types of compensation for your injuries if the accident was the other driver’s fault. However, you will need to prove that the responsibility for the accident lies with the other driver, which can sometimes be difficult to accomplish. There are various approaches to proving fault in a car accident. Of course, having an experienced auto accident attorney at your side throughout the process is always an advantage.
What Is Necessary to Prove Fault
Proving fault in an auto accident that happened in Florida can be a bit more challenging compared to other places. This is because the state recognizes a legal concept called “comparative negligence.” This means that in Florida, it’s rare for one party to be found completely at fault for the accident. Instead, both drivers will share some of the responsibility.
In practical terms, this means that if you were hurt in a car accident, the damages you’ll be able to collect are determined by the degree of fault assigned to each party. For example, if you suffered damages worth $100,000, but it has been established that you were 20 percent at fault for the accident, the damages you’ll be able to collect will be reduced by that amount. Therefore, in that scenario, the maximum amount of compensation you would get is $80,000.
How Negligence Applies to Auto Accident Cases
Negligence is the main concept used when trying to determine who holds the most fault for an auto accident. There are three elements to negligence:
- A Duty of Care
Everyone driving a car is responsible for doing so safely, without putting others in danger. This makes this element simple to establish.
- A Breach of Duty
You’re required to prove that the driver acted in an irresponsible manner, made poor decisions or failed to act like a reasonable person would to establish that they broke their duty of care.
- Proof of Accident and Injury
You’ll be required to demonstrate that the other driver’s failure to uphold their duty of care is what led to the accident which caused your injuries.
What Kind of Damages Can I Expect to Receive?
While every case is unique, you’ll be able to collect a variety of damages if you can prove negligence in an auto accident case. Examples include compensation for medical bills, rehabilitation, lost wages, emotional trauma and more. In some cases, such as when the other driver was intoxicated, you may be able to collect punitive damages.