If you are hurt in a car accident, you might be entitled to financial compensation from the at-fault driver. This money will pay for things like damage to your car, medical bills, pain and suffering, and other losses. But how exactly do you prove that the other driver was responsible for the accident?
To prove fault, you will need to introduce evidence that the other driver did something wrong and caused your crash. This could involve introducing evidence that they were speeding, that they failed to yield when merging, or even that they were driving drunk at the time of the crash. Our Vero Beach personal injury lawyers will work with you to build a strong case for compensation.
Gould Cooksey Fennell offers compassionate, skilled legal representation to car accident victims in Vero Beach and beyond. We offer free initial consultations and handle all cases on a contingency fee basis. Contact our law offices today to schedule an appointment with a Vero Beach car accident attorney.
How to Prove Fault in a Florida Car Accident Case
Most car accident cases are based on a theory of negligence (carelessness). In the legal world, negligence is the failure to use the care that a reasonable person would use in a similar situation. In a personal injury lawsuit, the accident victim (plaintiff) has the burden of proving that the at-fault driver (defendant) was negligent in some way.
To prove negligence, the plaintiff will have to introduce evidence of four separate elements:
- Duty: The defendant owed the plaintiff a duty to use reasonable care.
- Breach: The defendant violated that duty in some way.
- Causation: This violation directly caused the accident.
- Damages: The plaintiff suffered losses as a result.
If the plaintiff can prove each of these four elements, then they have established liability. The defendant will then be legally responsible for paying for the plaintiff’s losses.
For example, consider a situation where your vehicle was t-boned by another driver when you were driving through an intersection. You had a green light, while the other driver had a red light. The other driver ran the red light and slammed into your vehicle, damaging your car and injuring you.
In this case, the other driver had a duty to use reasonable care by following traffic laws. The driver violated his legal duty to use reasonable care by running a red light. This breach was the direct cause of your traffic accident, and you suffered losses because of the accident. In this situation, the other driver would be considered negligent and would be responsible for your losses.
Of course, negligence is not always as straightforward. There are situations, such as multi-vehicle car accidents, where it can be difficult to unpack exactly who was at fault for the crash. In some cases, both the plaintiff and the defendant bear some responsibility for a collision.
Under Florida’s modified comparative negligence laws, you can still recover money in a car accident claim even if you were partially responsible. As long as you were 50% or less at fault for the accident, you can recover compensation for your losses. Your total recovery will then be reduced by the percentage that you were responsible for the accident.
This percentage is usually assigned by a jury in the more unusual scenario that the case goes to trial. Otherwise, it may be a factor in settlement negotiations between your Vero Beach car accident attorney and the at-fault driver’s insurance company. Your lawyer will also fight back against allegations that you were responsible for a motor vehicle accident if the evidence does not support this argument.
What If The Other Driver Violated a Law?
As noted above, most car accident cases are based on a theory of negligence. In other words, most accidents are caused by things like simple driver error or a moment of inattention. However, there are cases where an accident is caused by a driver violating a law or regulation.
In these situations, the burden of proof can flip under Florida’s negligence per se laws. Under these laws, if the defendant violates a law, then negligence is presumed. The defendant then has the burden of proving that they were not negligent.
To establish negligence per se, the plaintiff must prove:
- The defendant violated a law or ordinance that was designed to prevent harm to others.
- This violation caused the plaintiff’s damages.
- The plaintiff is within the class of people that the law was designed to protect.
For example, Florida law prohibits texting and driving. While riding your bike, a driver hit you when they swerved into the bike lane. There is evidence to show that the driver was texting when the bike accident occurred.
This evidence can be used to establish negligence per se and shift the burden to the defendant to prove that they weren’t negligent. Florida’s texting and driving laws were designed to increase safety on the roads for other drivers, pedestrians, and bicyclists. As a bicyclist, you are within the class of people that the law was intended to protect. This violation of Florida law will allow you to take advantage of Florida’s negligence per se laws.
In some cases, a violation of Florida law may change the theory of the case entirely. If a person’s intentional or reckless behavior causes a motor vehicle accident, they can still be held legally responsible for any damages that they cause. You can still file a civil lawsuit against them in addition to any criminal charges that they may be facing.
Two examples of this kind of conduct are driving under the influence (DUI) of alcohol and/or drugs and drag racing. Both are criminal offenses under Florida law, and both show a reckless disregard for others on the road. If you were hurt in a car accident that was caused by intentional or reckless conduct, you can pursue a personal injury claim against the defendant with the help of our Vero Beach car accident lawyers.
What Types of Evidence Can Be Used to Prove Fault?
If you are hurt in a motor vehicle accident, then you will usually be required to establish that the other driver was responsible for your injuries. This will require introducing evidence to support your claim.Â
While each case is a bit different, there are certain types of evidence that are commonly used to prove fault in a Florida car accident case. Our law firm performs a thorough investigation for each claim. We commonly use the following types of evidence to support our clients’ cases:
- Accident reports: In Florida, any accident that causes injury, death, or more than $500 worth of property damage must be reported to law enforcement. A police report typically contains information about how the accident occurred and how each driver may have contributed to the crash. It can be an important piece of evidence when it comes to proving fault.
- Witness statements: Our team always interviews witnesses, including passengers in each vehicle, passersby, and other drivers on the road. Anyone who witnessed the crash can provide information about how it occurred. For example, a witness may testify that the defendant was speeding at the time that the accident occurred. This can be used to prove fault.
- Photographs and videos: After an accident, taking photos and videos of the scene with your phone can be incredibly important. They may show things like the positioning of the vehicles, the extent of damage to your vehicle, and any debris in the road. This can be used to prove what happened, sometimes with the assistance of an accident reconstruction expert. Even if you weren’t able to take photos and videos at the time, we can go to the scene after the fact to take photos of things like skid marks, nearby intersections, and anything that may have obstructed a driver’s view (like overgrown shrubbery) to prove your case.
- Medical records: One of the elements that you will have to prove in a car accident case is your damages. Our law firm will request your medical records to prove the nature and severity of your injuries. The treatment dates can also be used to confirm that your injuries were caused by the accident.
- Expert witness reports: We often work with various experts to help establish fault and the extent of damages in your case. For example, a medical specialist might write a report that explains how your injuries were caused by the crash, the severity of your injuries, why certain treatments were necessary, and how the injuries will affect you in the future. A vocational expert may testify about how your injuries will impact your ability to work in the future. All of this evidence can be incredibly important when it comes to establishing fault and your damages.
After a car accident, most people are focused on their physical and emotional recovery. The thought of trying to gather evidence and prove your case can be overwhelming. Fortunately, you don’t have to do it alone.
Our job as Vero Beach car accident attorneys is to develop the strongest possible case for you. We will thoroughly investigate the facts of your case while researching Florida law to build a strong legal foundation for your claim. Our ultimate goal is to get you maximum compensation for your losses.
The insurance company will perform its own investigation. While you may be tempted to accept the insurance company’s version of events, keep in mind that its goal is to pay you as little as possible for your losses. We will fight to prove your case and help you get the best possible outcome for your injuries.
Hurt in a Car Accident? We’re Here for You.
When you’re in a car accident, you might believe that the other driver was at fault. Proving that fact can be a lot more challenging. Our team of experienced Vero Beach personal injury lawyers is skilled at uncovering evidence to prove your case and help you get the highest possible recovery for your losses.
At Gould Cooksey Fennell, we are fierce advocates for clients throughout Florida’s Treasure Coast who have been hurt in all types of accidents. We will work tirelessly to build a strong factual and legal case for compensation, helping you get justice for your losses. To learn more or to schedule an appointment with a Vero Beach car accident lawyer, give us a call at 772-231-1100 or fill out our online contact form.
Related:
