Car accidents usually happen because of driver negligence. For instance, when a driver runs a red light and hits another vehicle, an accident can occur. In this case, the law allows the injured victims to sue the negligent driver for damages. However, sometimes, liability in a car accident may not be cleared. Often, a personal injury defendant or their insurance company will try to blame the injured driver, alleging they contributed to the accident or caused it.
In any accident, it is important to call the police to document what took place and get insurance information from the other party involved. Also, victims must take photographs of the damage to their car and get the names and contact information of any witnesses. So, if you are injured in a car accident, can you still collect damages even if you were partly at fault?
Contributory Negligence
The state of Florida follows a pure comparative fault system, in which a driver’s level of negligence doesn’t stop them from getting recovery for their injuries even if they were mostly at fault for them. Thus, if the injury found that you were 80% at fault for the car accident, you would still be able to recover 20% of your damages from the other driver.
How a Car Accident Lawyer can Help
If you have any kind of car accident in Boca Raton in which fault is not clear right away, you must contact a car accident attorney in Boca Raton, FL to discuss your possible liability and what you can do to get maximum recovery. When it comes to this type of accident, car computer data, traffic camera footage, phone records, and eyewitness statements are the most supportive evidence. Your lawyer can help you reduce the amount of fault you absorb for the car accident, thus, increasing your overall recovery.
In car accident claims, you should identify the party responsible for your damages, prove the violation of their duty of care for the situation in question, and offer evidence that establishes your damages’ full extent. In addition, it is imperative to prove your damages were caused by the negligence of the other party.
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