You have been in a car accident, and you believe you weren’t at fault. So many questions:
Let’s breakdown the basis of what negligence means, who really is at fault, and how your accident may affect your auto insurance claim even if you were not the one that caused it.
There are many reasons that someone may be distracted while driving. Driver negligence can be due to nearly anything, but the most common reasons are:
In Florida, one of the first things you and your attorney will need to prove is that negligence did occur by the other driver. You will need to prove 5 elements of negligence or fault.
A duty of care in most car accidents is explained by the “reasonable man” standard. People are expected to act as a reasonable person would in certain situations. For example, a reasonable person would not speed, swerve, drive recklessly, or neglect maintenance of their car, which was the reason for the accident.
As a reasonable person, you have to keep members of the public as safe as possible to the best of your abilities.
You and your lawyer will need to prove that the negligent driver breached their duty and their action was “unreasonable” and negligent.
Florida follows a pure comparative negligence system. In other words, damages can be apportioned between parties based on their percentage of fault. So even if the negligent driver was at fault for 95% of the accident, they can still recover 5% of damages from you.
This is why having an attorney is extremely valuable in Florida. Not only do you have to show the other driver was at fault, but you now have to prove your own reasonableness at the time of the accident.
Next, you will need to prove these unreasonable actions were the proximate cause of the accident/injury. For example, if they had not driven through the red light, you would not have been hit.
Finally, you must establish or prove that there were actual damages or injuries due to the negligent driver’s actions. Due to the nature of car accidents, this is often a lot easier to prove.
Proving negligence can be a challenge, which is why you should have a knowledgeable attorney from Mickey Keenan, PA by your side to help your case move along efficiently and quickly to help minimize your suffering.
At the accident scene, be mindful and proactive. By following some of these tips, you can help prove that you were acting “reasonable” while the other driver was at fault.
Being injured in a car accident, especially one that is not your fault, can be scary and confusing. Calling an attorney at Mickey Keenan, PA immediately after the accident is a great way to help handle the legal process and handle the insurance companies, who may try to minimize the amount of payout you deserve.
Our accident reconstruction experts will work to show that the other driver was at fault, while you were not. We will work with you to get the settlement you deserve while you can focus on your injuries and damage.
After an accident, you need to immediately consult with one of our personal injury attorneys who understand Florida law inside and out. Visit us online for a free consultation. We will make sure you get the compensation you deserve. At Mickey Keenan, your fight is our fight.