There were over 400,000 automobile crashes in Florida in 2017, over 166,000 of those crashes involved injuries. In Duval County, Florida there were over 24,000 automobile crashes. Obviously, not every car crash warrants filing a personal injury lawsuit. However, it is a good idea to know what to look for and how to identify a crash where compensation will more likely be achieved.
You Did Not Cause the Car Crash
One of the most important factors in a personal injury case is proving liability. In order for a plaintiff to recover damages for a car crash, they have to prove that the injuries they suffered were due to the negligence of another party. Simply put, who is at fault. If the police were contacted it will be important to see if a traffic citation was issued.
Sometimes fault is obvious, for example, if you are hit by a drunk driver or the other driver drove through a red light. Other times it may not be so clear, perhaps both parties were partially at fault. In Florida, if a plaintiff is found to be more than 50 percent at fault for an accident or injury, they are not allowed to seek or recover damages. The less they are at fault, the more they can potentially recover in an injury claim.
The Other Driver was Impaired or Distracted
A drunk or high driver is most likely going to be found liable for any accidents they cause. In addition the criminal investigation can also provide proof through field sobriety tests, breathalyzers, and blood tests, that will be invaluable in any civil case.
In addition to driving impaired, driving distracted is a common cause of accidents. Proof of talking on the cell phone, texting, playing with apps or any other proof of distraction is obviously very important.
You Suffered Serious Injuries in a Florida Car Crash
When an attorney reviews your case they will be looking at what the possible damages are, mainly what your injuries were. Physical injuries, such as fractures, burns, sprains and strains, and head, neck, and back injuries can all be compensable injuries, but relatively minor harms may not be sufficient to warrant bringing a personal injury case. If you have a minor injury that heals quickly, miss little or no work and are not going to need future treatment, an attorney may not see value in your case.
The Other Driver is Insured
In addition to what damages may be present in your case, an attorney is also going to want to know if the other party is insured and how much coverage is available. If the other driver is not insured, it may not matter the extent of your injuries, because there won't be any way to collect and money to compensate you, "like getting blood from a stone".
If You Have Questions About a Car Accident or Any Other Injury You Suffered
Please contact Clifton Law Office, you can reach me at my contact page online or call me directly at 904-209-4883.