After a car accident in Jacksonville, Florida, one of the most important questions is: “Who was at fault?” The answer plays a key role in deciding who will be held financially responsible for your injuries and other losses.
Baggett Law Personal Injury Lawyers can help you understand how fault is established and empower you to protect your legal rights and pursue the full compensation you’re entitled to. Contact us today at (904) 396-1100 for a free consultation with an experienced Jacksonville car accident lawyer.
Why Choose Baggett Law Personal Injury Lawyers for Help After a Car Accident in Jacksonville, FL?
When determining fault after a car accident in Jacksonville, selecting the right legal representation is crucial. At Baggett Law, our Jacksonville personal injury lawyers understand the challenges of car accident cases.
Named Super Lawyers for over a decade, our team has recovered tens of millions of dollars in compensation for victims throughout Florida. We will thoroughly evaluate your case, investigate the circumstances of your accident, and identify all damages you may be entitled to. Reach out today for a free case evaluation.
Who May Be at Fault for My Jacksonville Car Accident?
Fault in a car accident does not always rest solely with another driver. Liability may be shared among multiple parties, depending on the circumstances of your crash. Identifying all potentially responsible parties is essential to increase your potential compensation.
Parties that may bear some responsibility for your crash include:
- Other drivers: Accidents often involve two or more vehicles, and another driver’s actions may have caused your crash. For example, another driver may have swerved, braked suddenly, or ran a red light. Multi-vehicle and chain-reaction crashes often involve shared fault among several drivers.
- Vehicle manufacturers or suppliers: A car manufacturer or part supplier could be held liable through a product liability claim if a mechanical defect, such as brake failure, tire blowout, or malfunctioning airbags, played a role in the crash, the
- Employers: A driver’s employer may be vicariously liable for your crash under the legal doctrine of respondeat superior if they were operating a company vehicle or performing work duties at the time of your accident.
- Local governments: Poorly maintained roads, missing traffic signs, malfunctioning lights, or dangerous intersections may be the result of negligence of local governments. Filing a government tort claim against a government agency in Florida requires following strict procedures.
- Pedestrians or cyclists: A pedestrian or cyclist who suddenly darts into traffic or crosses outside a designated crosswalk could be held partially liable for a resulting crash.
A Jacksonville car accident lawyer can help you identify all potentially liable parties after an accident. Failing to identify all responsible parties could result in leaving money on the table to help cover medical bills, lost wages, and pain and suffering.
What If I’m Partially at Fault for My Jacksonville Car Accident?
Under Florida’s modified comparative negligence rule, you can still recover compensation even if you were partially at fault, so long as you were not more than 51 percent responsible. However, your compensation will be reduced in proportion to your share of liability. This can have a dramatic impact on your potential compensation.
How Does Fault Impact My Ability to Recover Compensation After a Car Accident in Florida?
Florida is a no-fault insurance state, which means that after a car accident, your own insurance company will typically cover your initial medical expenses and lost wages through Personal Injury Protection (PIP), regardless of who caused the crash. However, if your injuries are serious, you may be able to step outside the no-fault system and pursue a claim against the at-fault driver.
According to Florida law, you can pursue a liability claim if you have sustained a serious injury, which includes:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
You can typically file a personal injury claim against the responsible party to seek compensation beyond what PIP covers if these conditions are met.
Why Does Fault Matter in Jacksonville Car Accidents?
PIP may be sufficient if your injuries are minor. But for moderate to severe injuries, such as broken bones, spinal damage, traumatic brain injuries, and other conditions, your medical expenses and lost wages may exceed PIP limits.
Proving fault is essential in these cases to recover:
- Past and future medical bills
- Lost income and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
An experienced Jacksonville car accident attorney will work to prove liability and maximize your recovery, whether through a settlement or litigation.
What Evidence May Be Used to Prove Fault?
Your claim is only as strong as the evidence supporting it.
Key evidence that can help prove fault includes:
- Police reports: Officers responding to the scene often make a preliminary assessment of fault based on observations and witness statements.
- Photographs and videos: Images of the accident scene, vehicle damage, and injuries can support your version of events.
- Witness testimony: Independent witnesses can confirm how the accident occurred and who appeared to be at fault.
- Traffic and dash cam footage: Surveillance cameras from nearby businesses or dash cams can provide critical evidence.
- Accident reconstruction reports: Expert witnesses may recreate your crash to determine the sequence of events and contributing factors.
A personal injury lawyer can help gather, analyze, and present this evidence to strengthen your claim.
Contact a Jacksonville Car Accident Attorney for a Free Consultation
If you have been injured in a car accident in Jacksonville, determining who is at fault is not always straightforward. Insurance companies often try to shift blame or downplay injuries to minimize payouts.
An experienced Jacksonville car accident lawyer can advocate on your behalf and fight to hold at-fault parties responsible. Contact Baggett Law Personal Injury Lawyers today for a free consultation to discuss your case and legal options.
