A car accident is always traumatic, but even more so when you’re facing the added task of proving your innocence to avoid potential fees and fines in a court case.
You don’t have to prove your case alone. At BK Law, we know how difficult the aftermath of a car accident can be, as well as the fear and stress involved in being accused of fault. We’ve earned our reputation for helping injured victims prove their innocence in car crashes.
While Florida is a no-fault state, which means drivers must carry insurance to cover their own injuries, there are situations where questions of fault arise and must be addressed.
Read on to learn how to prove you aren’t at fault in a Fort Lauderdale car accident.
Ways to Prove You Were Not at Fault in a Car Crash in Fort Lauderdale
There are several steps that you should take to help prove your innocence and protect yourself in the event of a Fort Lauderdale car crash. Below are just a few of the ways that you can prove you weren’t at fault should the issue arise in your case:
- Gather crash evidence: What may seem like crumpled metal is a great way to tell who was truly at fault in a crash. Police, expert witnesses, and the judge can discern a lot from these remains, such as the speed of the crash, the crash’s direction, and what potentially happened at the time of the collision. Get as many photos as you can as soon as you can remove yourself from the car safely, showing the exact position of all vehicles involved and the extent of injuries.
- Collect contact information: Always get contact and insurance info from the other drivers involved in the crash. This is a good first step, even if you’re sure you’re innocent. The authorities and your insurance agency can continue to work on the case on your behalf if they are able to contact the other parties in the accident.
- Get witness testimony: Once you remove yourself from the vehicle safely, look around to determine if there are any credible witnesses who may have seen what happened. Pointing police in the direction of witnesses once they arrive can be valuable in court later as you work to protect your innocence. The more people who can help corroborate your side of the accident, the better.
- Review Florida vehicle laws: Information is power. Even if you’re working with an attorney, reviewing Florida traffic laws can help you understand the proceedings and make sure that your lawyer is aware of your compliance with all traffic rules and regulations. Your lawyer can help you to put the law into context and show you how it may or may not be valuable information to help prove your innocence.
- Get the police report: The police report is an excellent piece of evidence that can be used to prove your innocence in court, which is why it’s so important to request a copy for review with your legal team and to keep for your own records. Police reports can have witness accounts, as well as their perception of the overall situation, which can be helpful to your lawyer in proving your innocence to the court.
- Report the Car Accident to Law Enforcement: Reporting your car accident as soon as you can shows that you’re acting transparently and in a way that will help resolve the situation as quickly as possible. Doing this can help support your case in court.
- Document any vehicle damage: Documenting vehicle damage may sound simple, but it can greatly support your case. Doing this can provide valuable insight to expert witnesses who may be working on the case. Evidence and proof of damage may be helpful in showing that you were not at fault in the accident. It can also confirm details for authorities about how the accident may have happened.
- Get necessary medical treatment: Seeking necessary medical treatment can help to bolster professional documentation about what happened in your crash case. It can also help in evaluating the total extent of your damages. Even if you feel like you haven’t been injured, some injuries may take time to manifest, so always get checked out. Without medical documentation, the insurance companies will try to argue that your injuries are unrelated to the accident or will try to minimize the extent to which the accident was responsible for your injuries.
- Inform your insurance company of the accident: By promptly informing your insurance company of the crash, you are acting transparently and in the best interest of everyone involved. You can also get a copy of the report and claim evidence, especially if the adjuster is able to come out and assess the damages. They’re trained to determine fault, even though Florida is technically a no-fault state, and they can provide valuable insight into the viability of your Florida crash case if the issue of fault arises.
- Submit your insurance claim and supporting evidence: Submitting your insurance claim can give you additional proof in your case. Your attorney can work with you to compile any necessary supporting documents, as well as a copy of the insurance claim and report.
- Make sure to follow up on your car insurance claim: After you submit the claim, it’s important to remember that you may not be done. There may be other elements of the claim process that you have to walk through—so be sure to ask your insurance agent if there’s anything that you can do to expedite or finalize the process. Check back frequently to ensure that no steps were missed.
- No doubt liabilities: No doubt liabilities occur when the presumption of innocence swings entirely in favor of a single driver rather than shared liability for the crash across both. Consult your attorney and present your evidence to determine if you qualify for a no-doubt liability situation, which would prove your inherent innocence in the eyes of the court.
- Don’t admit fault and keep it to yourself: In the aftermath of an accident, emotions are often running high and we say things in the heat of the moment. In some cases, people may have a tendency to immediately say “I’m sorry, it’s my fault.” The truth is, you don’t really know all the facts yet. Hold off on claims of guilt that can come back to haunt you later.
- Never post anything to social media: Don’t make this mistake that has ruined opportunities for many. When you post on social media about your accident, whatever you say online will be brought up in court to make a case against your claim of innocence. Keep the details of the accident to yourself, your attorney, and at most, immediate family.
What Must You Prove to Receive Compensation for Your Injuries in Florida?
As a no-fault state, Florida requires all drivers to turn to their own insurance companies to be compensated for their injuries, regardless of who is at fault. Florida law mandates that drivers must carry car insurance that includes “personal injury protection” (PIP). PIP pays out economic losses such as hospital bills and lost earnings. It doesn’t cover non-economic losses such as pain and suffering or emotional distress. In certain situations, however, the question of fault may arise and you’ll find yourself having to demonstrate that you deserve compensation beyond your own insurance coverage and should receive it from the other driver’s insurance company. If your injuries are particularly severe and cross a seriousness threshold as defined by Florida law, you can seek compensation from the other driver. The criteria to invoke this right includes elements such as disfigurement, reduced or permanent loss of bodily functions, and disability that lasts longer than 90 days. You’ll need to be able to demonstrate that your injuries qualify. If your injuries don’t meet the seriousness threshold, you can still seek compensation from the other driver if the costs of your injuries exceed your PIP coverage. Vehicle damage isn’t covered by PIP, so you can sue for that as well. Florida operates under the pure comparative fault rule. This means your overall compensation is reduced according to your percentage of responsibility for the accident. In other words, if your claim amounts to $100,000, but you’re found to be 20% at fault, the total amount will be reduced by that 20% and you’ll receive only $80,000. The less you’re to blame, the more the insurance company has to pay you. What does that mean? Well, it means the insurance companies will do everything possible to pin as much blame for the accident on you as possible. That lets them pay as little as possible. Our Fort Lauderdale car accident lawyers won’t let them manipulate the situation. We’ve successfully fought insurance companies and are aware of the industry’s tactics. We’ll fight to prove you weren’t at fault and that you should receive a full award. Your attorney will prove the other driver’s actions were negligent by showing the following:
- Duty: Defendant owed you a duty of care
- Breach: Defendant breached that duty
- Causation: The breach caused your injury
- Damages: You suffered damages as a result
How Do Different States Determine Fault in a Car Accident?
Accident fault determination is based on different insurance systems in different states. Some states use the at-fault system and others, like Florida, use the no-fault system.
At-Fault States
In at-fault states, the driver found to be at fault for the accident must pay for the other driver’s injuries. Both insurance companies send out adjusters to examine the accident and decide who was responsible. If it’s obvious, the at-fault driver’s insurance company pays for property damage, medical bills, and other compensation. If it’s not clear who is at fault, adjusters will investigate further, speak to witnesses, consult with experts and make a determination regarding allocation of blame. At that point, the state’s negligence law kicks in and compensation is distributed according to questions of comparative or contributory negligence.
No-Fault States
No-fault states like Florida are not concerned with who is at fault. Drivers may choose to litigate for additional compensation as mentioned earlier, but generally, you don’t need to be too concerned about how to prove you aren’t at fault in a Florida car accident. Your personal injury protection coverage that’s included in your car insurance covers your own medical bills and other expenses associated with the case.
We Are Here to Help with Florida Accident Cases
Car accidents are among the most common personal injury cases in Florida and across the country. Whether it happened to you or someone you love, being in a car accident is devastating and can impact every area of your life. It wreaks havoc physically, emotionally, and financially. It is critical to have a competent, well-respected, established personal injury law firm in your corner to get you the financial resources you need and deserve. We work hard to ease the difficulties on our clients. You need to focus on rest and recovery. We’ll take care of the legal side of things. Our Fort Lauderdale car accident attorneys have decades of collective legal experience and we’re prepared to put our knowledge and skill to work for you. Give us a call today to schedule a free consultation to discuss your case with a member of our team.