If you’ve been involved in a car accident, you have the right to compensation for your injuries or time missed from work from the other driver’s insurance company. If they deny coverage, you will need to file a lawsuit. Either way, you will need to prove fault in a car accident that the other driver was responsible for the accident.
Car Accidents and the Law
Tampa car accidents are covered by negligence law. This means you need to be able to prove that the accident was a result of the other driver’s negligence. However, if you were also negligent, your compensation may be reduced. Here’s what you need to look for when proving negligence.
Obvious Traffic Law Violations
Was the other driver speeding? Did they run a stop sign? Or did they fail to yield? Many traffic laws vary from state to state, so you’ll want to consider hiring a local attorney. A Tampa personal injury attorney will help you prove negligence and help you with your personal injury compensation claim.
Rear-End Collisions
While car accident injuries in rear-end collisions can vary from minor back pain and whiplash to fatal injuries, proving fault is pretty straightforward. Drivers must keep a safe distance on the road in order to stop safely. This means if you’ve been struck from behind, even if you slammed on the break, it’s the rear driver’s fault. Keep in mind, though, that you might be considered negligent if your brake lights were out, or you had a flat tire and didn’t pull off the roadway.
Left-Turn Collisions
When a driver making a left turn is struck by an oncoming vehicle, they’re considered negligent. Just like with the rear-end collisions, if you’ve been speeding or violating other traffic regulations, you may still hold some liability.
Car Accident Reports
Before taking any legal actions, make sure you obtain a copy of the police report. If the police came to the scene, chances are the report will include the officer’s evaluation of who was at fault and it may say whether any traffic citations were issued. You can then use this report as supporting evidence, which will greatly improve your chances of getting the compensation you rightly deserve.
Sometimes, however, police officers do not go to the scene of the accident unless someone was injured. In this case, you will need to call the nearest police station as soon as possible after an accident and report it.
The officer will take statements both from you and the other driver, but they’ll also speak to potential witnesses. Make sure you check the report for factual inaccuracies, as it can affect the entire personal injury claim settlement process.
The Scene of the Accident
Make sure you get the other driver’s information such as their name, driver’s license number, address, the name of their insurance company, and policy number. You’ll also want to take photos of the scene of the accident, including skid marks, broken glass, and the location of any traffic signs or signals, as well as damage on your motor vehicle.