How Fault Is Assessed in an Auto Accident

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In the aftermath of a motor vehicle accident, victims can be forced to deal with costly medical expenses, lost wages, repairs or replacement of their vehicle, and the stress and pain of recovery and rehabilitation.

Determining who is at fault for a crash often means identifying if one or more parties was careless, reckless, or otherwise negligent. Depending on the circumstances, it can be challenging to determine precisely what happened, who was at fault, and is therefore responsible for any injuries and property damage that occurred.

The following types of evidence will typically be examined by your injury attorney, insurance adjusters, and potentially, the courts to determine fault and damages after a crash: 

  • Medical records and bills
  • Police and traffic reports
  • Video surveillance of the accident
  • Vehicle damage estimates and repair bills
  • Photos of your injuries
  • Witness statements
  • Proof of lost wages

If you are involved in a motor vehicle accident, you should seek medical attention immediately, even if you are not sure if your injuries are severe. Some symptoms may appear or worsen over time, so it is crucial to make sure that you get prompt diagnosis and treatment for any harm you’ve suffered. This will also create a medical record that will be vital to securing compensation later on in your case.

You should also always get a copy of the police report after a crash since this will be a non-biased account of what happened at the scene. Pictures of the crash, the surrounding scene, your injuries, and eyewitness accounts are also beneficial. 

You should also save any bills you receive, receipts for travel to doctors’ appointments, pay statements, and any other documentation that could be relevant to your case. 

All of this information will be crucial if you need to seek compensation from the other party’s insurance policy. 

Florida’s No-Fault Laws

Florida is a “no-fault” state,  which means that every driver is required to carry Personal Injury Protection coverage with a minimum $10,000 limit. This coverage will pay for your own expenses, regardless of who caused the accident. 

If you’ve been injured in a motor vehicle crash, you can file a claim with your own auto insurance carrier to receive these benefits. Once your Personal Injury Protection, or PIP, benefits are active, you will be able to use them to pay for your medical treatment, so you won’t have to worry about paying out of pocket for them. All you have to do is provide your PIP information to your medical provider, and your expenses will be covered up to your limits.

Contact a Fort Lauderdale Car Accident Attorney Now

The attorneys at Ginnis & Krathen, P.A. provide compassionate, qualified legal representation for people who’ve been hurt in auto accidents in Fort Lauderdale and the surrounding areas. 

We care deeply about our clients and will handle every aspect of your injury claim so you can focus on healing your injuries and moving forward with your life. Contact Ginnis & Krathen, P.A. today at (954) 905-4600 for a free consultation.

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