3 Ways Liability Can Be Proven in Florida Auto Accident Cases
After you have been involved in a Florida car crash, one of the first things that will need to be done is to prove who was liable for the accident. This is a complicated task and one that should be done with an auto accident attorney in Orlando. Without proving that the other person was responsible for the collision, you risk losing out on getting the full value of your settlement to help cover property damages, personal injuries and pain and suffering. That could be frustrating and unfair.
When you and your attorney work together to determine how to make your case and prove that the other party is liable, there are three things you will be looking at:
- Negligence.This is one of the most common causes of Orlando car accidents. Drivers can be considered negligent if they had an obligation to prevent the collision from happening, otherwise known as “duty of care.” In most accidents, showing negligence is relatively simple, as the person in question was likely not following traffic laws. Sometimes, however, both parties are negligent. In that case, a certain percentage of responsibility will be given to each person involved in the crash.
- Risk.The next step in proving that the other party is liable is by showing that the other driver acted in a way that created significant risk for the other people who were nearby. This can, for example, include running a red light, where there is an obvious risk of a collision. This step is important to show—especially in cases where both parties were partially negligent—since the level of risk that one party created for the other party can determine who is most responsible for causing the accident.
- Injury as a result of negligence.Once negligence and risk have been determined, the next step is to show that injuries from the accident were a result of the other person’s negligence. This includes showing that harm was done. Harm, in this case, includes medical expenses, lost wages and more. To receive compensation in this step, it is necessary to show some sort of financial loss.