Auto Accident Liability And Key Points In Legal Assessment
Auto accident liability claims often require legal assistance. Whether it’s a car, truck, or motorcycle accident, and particularly when serious injuries have been sustained or a death has occurred, the injured party or parties or their family members often take legal action against the other party or parties involved. Yet while the liability appears apparent in many cases, there are actually numerous elements and perspectives to consider in determining who’s at fault—including Florida law. The following are several key points related to vehicle accident liability in Florida:
Professional legal assessment of auto accident liability by an expert lawyer or legal team can reveal legal aspects that are not readily obvious to the general public. For example, in many cases more than one party involved in an automobile accident is at fault. Experienced Miami automobile accident attorneys and legal teams know the laws applicable to such cases, and are therefore prepared to provide proper representation. It’s one major reason why self representation can leave vehicle accident victims at a disadvantage with regard to compensation for both short- and long-term injuries, among other things.
Statements and evidence of events from all parties involved
Information gathered in the form of written statements from those directly involved in the accident can be useful in the assessment of liability in vehicle accident cases. Police reports are particularly beneficial. Pictures and videos may also be helpful in establishing the actions that occurred, any injuries that were sustained, and other essential details.
Statements and evidence of events from all witnesses
Information gathered from key witnesses in the form of written statements can also be useful in the assessment of liability in vehicle accident cases. Pictures and videos taken from angles and perspectives other than those of the individuals directly involved in the vehicle accident may also be beneficial in establishing the actions that occurred, any injuries they noted, and other essential details.
Insurance company forensic review
Forensic analysis of accidents can help determine fault among parties involved in an accident. Everything from skid marks to the location of the vehicles in photos of an accident scene is carefully reviewed. Angles of impact can generally be detected by the shape of visible indents. In addition, vehicle systems and equipment, including brakes and tires, may be checked for potential failure. In some cases, additional parties involved in the vehicle’s manufacture become part of a vehicle accident liability lawsuit.
Multiple insurance claims – one or more other insurance company reviews
A vehicle accident liability case may have multiple insurance claims. When multiple parties are involved, multiple forensic reviews will likely follow. Having an experienced Miami vehicle accident attorney or legal team in such an instance can increase the chances of receiving fair compensation or proving shared liability. This is another case scenario in which self representation can create a disadvantage, potentially leading to unfair compensation for injuries, improperly assessed liability, or other negative considerations.
Florida’s shared liability law
While Florida is a no-fault state that requires individuals to first approach their own vehicle insurance company for medical bills and other costs after an accident, there are instances in which Florida’s Comparative Fault Statute1 come into play. Specifically, these are cases in which both parties are proven to be at fault in a vehicle accident. Such shared liability can reduce the amount of compensation a party receives. It’s one more area in which experienced lawyers and legal teams can provide the knowledge and skills needed to help those involved in vehicle accidents avoid improper assessment of liability and receive fair compensation.
If you or a loved one has been involved in an automobile accident, or other type of vehicle accident, contacting an experienced lawyer for an initial consultation is an important step. It is helpful to research information about lawyers who specialize in auto accident liability, or if possible, who specialize in the particular type of car, truck, motorcycle, or other accident lawsuit case you may be dealing with.
Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in a wide variety of auto accident liability cases, including automobile, truck, and motorcycle accident cases. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.