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How To Determine Liability In A Car Accident

Florida is a no-fault auto insurance state, which means that car accident victims are required to seek coverage for related losses from their own insurer regardless of who caused the accident. However, if the injured party’s policy does not cover the full amount of damages or the victim sustained a serious injury, he or she could be eligible to recover compensation from the at-fault party. The success of these types of negligence-based claims hinges exclusively on a plaintiff’s ability to prove that a defendant was at fault for the crash. Unfortunately, providing a link between a person’s actions and an accident can be difficult, so it is important for those who are injured in collisions through no fault of their own, to consult with a car accident liability lawyer who has the resources and experience necessary to convince an insurer, judge or jury of a defendant’s fault.

At Piccin & Glynn, we help injured people in Ocala, across Marion County and central Florida understand car accident liability and obtain the compensation they need to move forward with their lives in a positive direction. Our personal injury attorneys have decades of combined experience with car insurance companies and a long history of favorable results. You can contact our office now and schedule your free consultation by calling us at 352-558-8480.

Collecting And Assessing Evidence

One of the best ways to demonstrate fault in an accident is to conduct a thorough investigation at the scene of the crash. This includes taking photographs of the damage, obtaining any video recordings of the collision from bystanders or traffic cameras, speaking with eyewitnesses who saw the accident, assessing each vehicle’s damage, measuring and recording skid marks, collecting the police report made by responding officers, and consulting with an experienced accident reconstruction specialist who can replicate the crash. It’s also important to note whether either party violated a traffic law, such as speeding or running a red light and to record any comments made by the other driver after the crash.

This kind of evidence is crucial to proving that another driver or entity was negligent and so should be held liable for the damages not covered by the driver’s insurer. While negligent conduct could involve an obvious violation of a traffic law, it also includes any unreasonable conduct, such as driving without glasses or a driver’s failure to turn on his or her headlights.

Car Accident Injuries & Compensation

Car accident injuries can range in severity from minor cuts and bruises to serious head trauma and broken bones. Generally, the amount that a car accident victim can recover to treat these types of injuries, either in PIP benefits or in damages, depends on how serious those injuries actually were. There are, however, limits to how much an injured party can collect when filing a claim based on PIP coverage, so if you were injured in an accident and are concerned about how you will pay your medical bills, you should speak with one of our experienced car accident lawyers who can explain your legal options.

What Qualifies As A Serious Injury?

It’s important to keep in mind that determining who was at fault for a crash is only necessary in Florida when a victim sustains an injury that qualifies as severe or suffers losses that aren’t covered by his or her own policy. For the purposes of recovering damages for a car accident, an injury will only be considered serious if it falls under one of the following categories:

  • Permanent injuries;
  • Significant and permanent scarring or disfigurement; or
  • Significant and permanent loss of a bodily function.

When an accident victim’s injuries satisfy this definition, he or she will be permitted to file a claim against the at-fault party, despite the state’s no-fault policy. Successful plaintiffs may be able to collect compensation for past and future medical expenses, lost wages, property damage, and pain and suffering.

Learn More About How We Can Help You 

You can talk to one of the dedicated and knowledgeable attorneys at Piccin & Glynn for a free evaluation of your own car accident claim. Please contact us now by calling us at 352-558-8480 or by sending us an online message. Home and hospital visits are available.