After a car accident, it will be necessary to prove who was at fault if you want to seek compensation beyond what you can receive from your personal injury protection (PIP) insurance. You will need to demonstrate that someone other than yourself was primarily to blame for the accident.
Answering the question “Who is at fault for my Florida car accident?” becomes much easier with the experience and investigative resources of a knowledgeable Florida car accident lawyer.
Accidents with Other Drivers
If you were in a car crash with another driver, it becomes easier to prove fault in many cases.
For example, if you were rear-ended, it is likely that the person hitting you would be responsible for the crash. This situation could be further complicated in certain situations, such as if you had a tail light out. In which case, you would likely be found to be partially to blame.
Auto Crash Types Caused by Drivers
There are several scenarios in which the other driver could be negligent:
- Distracted Driving – Due to increased cell phone usage, distracted driving has become a major cause of collisions. If the other driver was talking, texting, applying makeup, watching videos, or even eating, he or she would likely be found responsible for your crash.
- Driving While Intoxicated – Drunk driving is a serious problem, with millions of adults driving intoxicated every year. If you are in an accident with a drunk driver, call the police immediately so that they can conduct a breathalyzer test. If the other driver is arrested, it will be easier to prove their negligence in a civil suit later.
- Falling Asleep at the Wheel – Driving while fatigued can be just as dangerous as driving drunk. Drivers can fall asleep at the wheel and cause a potentially deadly crash.
- Reckless Driving and Speeding – Driving too fast or too carelessly can lead to accidents, so if the other driver was speeding and you were obeying the rules of the road, he or she would be negligent and liable for your injuries.
Dangerous Roads in Florida
Our state and city governments are required to maintain roads to proper safety standards. If they fail to do so and you are in a car wreck as a result, you can file a personal injury lawsuit against the responsible agency.
Some examples of dangerous road conditions include steep shoulder drop-offs, large potholes, and a lack of rumble strips or guardrails.
It’s entirely possible for a defective part or a faulty installation to cause an auto wreck. When defects become known, auto manufacturers are supposed to issue recall notices. Any accidents caused by a defect are the responsibility of the manufacturer.
For example, one major manufacturer recently issued a recall notice for faulty airbags. If you were in an accident and your airbag didn’t deploy, they could be found partially responsible for your injuries even though they did not cause the actual crash. In this case, you could sue both the driver that hit you and the airbag manufacturer.