Miami Car Accident Liability Lawyer
Florida Driving Laws: Who Is at Fault?
Florida is known as a “no-fault” state with regard to car accidents. This does not mean that the question of who caused an auto accident is never relevant. Determining who caused an auto accident is still very important, especially in major accidents resulting in serious injury or death. Freidin Brown, P.A. is a Martindale-Hubbell® AV® Rated personal injury law firm whose lawyers have more than 100 years of combined courtroom experience. Our Miami car accident liability lawyers focus on representing injury victims in major personal injury cases, and we have a proven record of success on our clients’ behalf. To schedule a FREE initial consultation, call us today.
Why Is Fault Important in Serious Auto Accidents?
Personal Injury Protection (PIP) auto insurance coverage makes the question of fault irrelevant in auto accident cases where the total cost of medical bills was less than $10,000 and the total cost of property damage was less than $10,000. Drivers make an insurance claim with their own insurance companies for injuries and damage under these amounts. Drivers may elect to carry a higher amount of PIP coverage.
However, in serious auto accident cases, the financial costs usually exceed the amount of PIP coverage available. Thus, your Florida car accident lawyers must search for other sources of compensation to get a full and fair car accident settlement. The most obvious source is the other driver. If the other driver caused the accident, then we can demand compensation from that driver’s insurance company.
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What if Both Drivers Contributed to the Auto Accident?
In some auto accidents, the drivers share responsibility for the accident. Florida uses a law called comparative liability in these cases. An injured driver who helped cause the accident may not recover 100 percent compensation from the other driver’s insurance company. Instead, he or she can recover a percentage of compensation based on the degree to which he or she caused the accident.
For example, if your medical costs, after PIP payments, are $100,000, and you are shown to be 60 percent responsible for the auto accident, then you may be able to recover 40 percent of your costs, or $40,000.
Investigating Fault & Finding Evidence to Prove Liability
The answer to the question, “Who caused the auto accident?” has a major effect on the injury victim’s ability to recover full compensation for financial costs associated with the accident.
To develop a true picture of exactly how the accident happened, our law firm uses:
- Traffic camera footage
- Accident reconstruction experts
- Witness statements
- In-car GPS systems
- Security camera footage
When our Miami personal injury lawyers negotiate on our clients’ behalf, we always work as hard as possible to protect their right to full and fair compensation. Do you have questions about liability after an auto accident on a South Florida roadway? We can give you the answers you need. Contact us for legal help. Our contingency fees mean you don’t pay until we favorably resolve your case.
