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How do I Know if I am Partially At-Fault in a Car Accident?

How do I Know if I am Partially At-Fault in a Car Accident?

At fault in car accident

Sometimes both parties in an accident fail to act in a reasonable manner. This is not always apparent at the time of the accident. That is why it is so important for a driver to not admit fault in an official statement. For example, a driver might become injured after they rear-end another vehicle during a traffic stop. This driver may believe that the accident was their fault only to later discover that the other driver was texting while they were driving, which contributed to the accident. Therefore, before giving statements on the record about what happened or trying to negotiate with insurance companies, it is critical to check with an experienced attorney about the details of your case.

Steps to take if you have been involved in a car accident:

If you have been in an accident involving a bike and are not in need of immediate medical attention, follow these steps before leaving the scene:

  • Check on all involved in the accident to see if they are “okay” or injured;
  • If anyone is injured, call 911 right away;
  • Protect your rights by contacting your attorney;
  • Wait for the police to arrive, unless you feel you need to go in an emergency vehicle to the hospital
  • Give your report on the accident to the police or trooper; and
  • Seek medical attention as soon as possible, and most certainly within 14 days from the date of the accident

What happens after an accident that I am partially at-fault for?

Florida law requires drivers to report any accident with physical injuries or property damage over $500 to local law enforcement. Law enforcement then creates a crash report that includes details about what happened. The drivers of the vehicles then contact their respective insurance companies, notifying them of the accident. Depending on what contributed to the accident, the next steps will vary. Florida is one of twelve states that follows the no-fault insurance law, meaning that in the case of a car accident, each driver’s insurance company will cover their injuries and property damage, regardless of fault. While all drivers are required to purchase a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL), this minimum may not cover someone’s injuries and property damage. Therefore, even if you are partially at-fault in an accident that results in damages more than $10,000 you can file a lawsuit to recover compensation for your injuries. An attorney can determine whether negligence took place or not and determine how best to proceed.

Negligence indicates that someone failed to exercise their duty of care, meaning that they did not act in a reasonable manner, which then caused harm or injury to another person. The application of this principle is the legal basis for personal injury cases. Personal injury cases in which two parties share responsibility may or may not go to trial. Your attorney who can mediate your claim and potentially settle your lawsuit prior to going to court. It is likely that a defendant will want to reduce their liability once you have filed a lawsuit.

In the situation that the matter goes to court, the plaintiff and defendant may be found at-fault for an accident and liable for damages. Damages are then reduced according to the percentage that each party is at-fault, meaning that each party is considered negligent. For example, if a judge or jury deems a plaintiff to be 10 percent at-fault in a car accident and deems the defendant to be eighty percent at-fault, then the damages awarded to the plaintiff will be reduced by ninety percent.

Why should I hire Clayton Trial Lawyers, LP after a car accident?

Clayton Trial Lawyers, LP is committed to representing your best interests when you are hurt and most vulnerable. We promise to be your trusted advisor. We will listen closely to your story. We will bring compassion, legal knowledge, resources and expertise to your case. We will work around the clock to provide you with compassionate legal counsel to make sure that you recover the maximum compensation available after an injury. We know that finding the right personal injury attorney and law firm is important. We are different than other firms. We pride ourselves in providing you with individual attention, guidance and care. We are proud to stand up for the rights of our clients in the face of powerful adversaries. We are privileged to represent you and will stand by your side.