Determining Fault in Car Accidents
Our lawyers can help you build a strong case for compensation
You’ve been hurt in a car accident that wasn’t your fault. You are left with painful injuries and need medical treatment. The bills are adding up, and you cannot work, leading to financial stress. The driver who caused the accident is denying responsibility, and the insurance company is giving you a hard time. What happens now?
Recovering financial compensation can be complicated, and insurance companies have the advantage. That’s why you need an experienced Plantation car accident lawyer to fight for your rights. The attorneys at Feingold Posner Draizin know how to build strong cases that hold negligent drivers accountable.
Determining fault after a car accident is extremely important because of Florida’s modified comparative negligence system. This means that if you’re involved in a car accident, the amount of damages you can recover will depend on the percentage of fault assigned to you.
If you are 50% or less at fault for the crash, you can recover compensation. But your award will be reduced by the percentage of fault assigned to you. For example, if you’re found to be 30% at fault and your total damages are $100,000, you can recover $70,000. If you are more than 50% at fault, you cannot recover any damages at all.
Insurance companies know this system very well. That’s why they will try to suggest that the accident was largely your fault.
How an experienced lawyer can determine fault
The first thing we’ll do is listen. We want to hear from you about what happened. During a free consultation, we’ll get a detailed account of the accident, including what happened before, during, and after the crash. We also want to know about the injuries you suffered and the impact they have had on your life.
If we represent you in your accident, we’ll get to work on building your case. This often involves:
- Reviewing the accident report – We’ll help you get a copy of the official police report, which often contains crucial information about the accident scene, statements from involved parties, and any citations issued.
- Gathering photos and videos – This includes any images you were able to take of vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries.
- Interviewing witnesses – Identifying and interviewing witnesses who saw the accident can provide additional perspectives and support your account.
- Looking for surveillance footage – We’ll look into any traffic camera footage or surveillance videos from nearby businesses that may have captured the accident.
- Accessing cell phone records – If the other driver was using the phone at the time of the crash, we can get documentation.
- Consulting experts – If needed, we may ask an accident reconstructionist to provide a detailed analysis of how the accident happened based on physical evidence and scientific principles.
- Reviewing medical records – This helps establish the extent of your injuries and can sometimes provide clues about the type and severity of the impact.
We’ll handle all communication with the insurance company
Our lawyers can review the insurance company’s investigation and findings, which may include statements from their adjusters and their determination of fault. Then, we will communicate with them to negotiate a fair settlement based on the evidence.
We know how insurance companies approach these cases and how they will try to assign fault to you for the crash. At one time, we used to represent insurance companies in personal injury claims. We’re very familiar with all of the tactics and strategies they use to try to minimize your claim and get you to accept less.
But we’re not interested in quick settlements that help the insurance companies save money. Any resolution of your case has to be one that meets your needs. If they won’t agree to a fair settlement, we’ll be ready to fight for you in court.
Let’s talk about your potential legal options
The days following a car accident can be very confusing. You’re still dealing with painful injuries, and the last thing you feel like doing is dealing with insurance companies. You know you weren’t at fault but aren’t sure what to do next. We can give you the information you need and put your mind at ease during a free consultation.
We’ll listen to your account of the accident and discuss your legal options for recovering compensation. Our attorneys can give you an idea of what to expect during the legal process. We’ll also answer any questions you have.
If you were injured in Plantation or anywhere in Broward County, let’s talk about what happened. Contact us to schedule a free consultation.