A damaged bumper doesn’t always narrate the complete story. When one car appears to be in a more regrettable condition following a crash, it does not necessarily mean that the driver is to blame. In Fort Lauderdale, determining the responsible party in a road accident is not simply a matter of inspecting the damage; it involves collecting evidence, angles, and often consulting experts.
If you have been in a car accident and have concerns about identifying who was at fault and covering your losses, a Fort Lauderdale car accident lawyer has the resources and knowledge to assist. They can investigate the car accident, identify who was at fault, and protect your rights to compensation.
If the Car With More Damage Is Not At Fault, Then Who Is?
Car damage alone is not sufficient evidence to determine fault. However, it can help to identify the at-fault party, such as:
- Direction and Point of Impact: Where the vehicles sustained damage can help determine which direction they were traveling in when they collided.
- Skid Marks and Debris: Skid marks can be used to calculate vehicle speed, and when the drivers become aware of an imminent collision. Debris can further establish the location and time of the collision.
- Photographs and Videos: Traffic cameras, nearby surveillance footage, and dashcams are powerful tools that can show who violated a red light, ran a stop sign, or made a dangerous turn.
- Eyewitness Testimony: Passengers, pedestrians, and third-party drivers often provide unbiased insights that can corroborate or contradict the stories of the involved drivers.
- Black Box or Event Data Recorders (EDRs): Many vehicles store crash-related data, such as speed, acceleration, braking, and seatbelt use, just before and during the impact.
Attorneys frequently work with accident reconstruction experts who use these data points to simulate the crash’s occurrence. These professionals are invaluable when insurance companies dispute liability.
At the Law Offices of Wolf & Pravato, we routinely consult engineers, crash specialists, and medical professionals to build the strongest possible case on behalf of our clients.
In addition to that evidence, investigators will also collect and examine things like the following:
- Event data recorders, if available
- Traffic signs and signals
- Relevant obstructions and conditions at the accident scene
- Weather conditions
- Drug and alcohol test results
- Phone records if texting and driving is suspected
A Fort Lauderdale personal injury lawyer may also consult with subject area experts, such as accident reconstruction specialists, for their insight and assessment of the car accident.
How Comparative Negligence May Affect Fault
Under Florida’s comparative negligence laws, investigators consider the actions of all parties involved to determine each party’s degree of fault. Under this legal doctrine, you may collect compensation as long as you are not more than 50% at fault in the accident.
However, your degree of fault does reduce the amount of your settlement. If you are 20% at fault in a $100,000 car accident claim, you may only receive $80,000.
Florida follows a modified comparative negligence rule, as codified in Florida Statute § 768.81. This means that fault is shared based on each party’s actions. You can still recover compensation if you were partially at fault, as long as your percentage of fault is 50% or less.
For example:
If you were found to be 20% at fault and your total damages were $100,000, your compensation would be reduced to $80,000.
However, if you are 51% or more at fault, Florida law bars you from recovering damages.
Insurance companies often try to shift a larger portion of the blame onto the victim to reduce payouts. This is where legal representation becomes essential. A skilled personal injury attorney can push back against unjust fault allocations and fight for your rightful compensation.
No-Fault Insurance Is Available Regardless of Fault
Florida auto insurance operates under a no-fault system. To legally drive in Florida, you must purchase personal injury protection (PIP) coverage. Under this insurance policy, you have access to the following:
- 80% of any reasonable and necessary medical care
- 60% of your gross income
These benefits are available to you regardless of your degree of fault.
You are entitled to these benefits even if you were fully or partially responsible for the accident.
However, PIP coverage is limited. It does not cover pain and suffering, emotional distress, or damages that exceed your policy limits. For many victims with moderate to severe injuries, PIP benefits fall short of what is truly needed to recover physically and financially.
Additionally, PIP only applies to certain types of treatment and providers. There are caps on chiropractic care, physical therapy, and certain diagnostic tests unless the injuries are deemed an “emergency medical condition.”
If you are hospitalized, require surgery, or face long-term rehabilitation, your PIP coverage may run out quickly. In these cases, your attorney can help you determine whether your injuries meet Florida’s serious injury threshold, which allows you to step outside the no-fault system and file a lawsuit against the at-fault party.
Understanding how PIP interacts with your health insurance and other forms of coverage is also essential. In some situations, your health insurance may cover additional treatments once PIP is exhausted, but reimbursement and subrogation rules can complicate matters.
A personal injury lawyer can help you:
- Maximize your PIP benefits
- Challenge denied or underpaid PIP claims
- Coordinate with your health insurance
- Explore your legal options beyond no-fault coverage
If you are overwhelmed by paperwork, medical bills, or insurance calls, do not hesitate to contact a legal team that understands the complexities of Florida’s no-fault insurance laws.
Deadlines When Seeking Compensation
To receive PIP coverage for your injuries, you must see a doctor for medical treatment within 14 days after the car accident.
Additionally, to qualify for PIP benefits, you must seek medical treatment after the crash. Delaying care could give insurers a reason to deny your claim.
At Wolf & Pravato, we recommend that all clients:
- Visit a doctor immediately, even if injuries seem minor
- Follow all prescribed treatment plans
- Keep detailed records of medical visits, bills, and missed work
These steps preserve both your health and your legal rights.
In some instances, your PIP coverage may be insufficient to cover all your losses, but since Florida is a no-fault state, there are restrictions on filing a lawsuit.
If your injuries meet the serious injury threshold, though, you could pursue a personal injury lawsuit. Typically, car accident victims have two years to file a lawsuit with the Broward County courthouse.
Call the Law Offices of Wolf & Pravato Today
Contact us today to receive a complimentary case consultation. We can explain how we use car damage to determine fault and assess your damages. Get the legal representation you deserve and call (844)-643-7200.
