How To Prove Your Innocence After A Car Accident In Florida
Bryan Greenberg
Traffic Accidents
While Florida requires all motorists to carry Personal Injury Protection insurance to cover their own damages after a car accident, there are instances when the car accident is really not your fault. If you sustained injuries because of another driver’s negligence, you surely want to prove that you are indeed innocent. Here are some things you should do.Negligence And Proving Innocence
One of the benefits of Florida’s no-fault law is that motorists involved in a car accident do not have to go to court to prove who was at fault just to get compensation. The law acknowledges that, in most cases, the fault is divided between both parties.
However, there are still instances when motorists go to court because they believe that the other driver is more at fault than they are, and therefore, should pay them some compensation. In such cases, the one who files the lawsuit must prove the other driver’s negligence.
Negligence is the failure to exercise reasonable care, which is care that a reasonably careful individual would use. Thus, negligence is failure to do something that a reasonably careful person would do. In a car accident, to prove your innocence, you must then be able to prove that the other driver breached their duty to drive carefully.
6 Ways To Prove You Are Innocent In A Car Crash
Get Evidence From The Scene
If you are able, try to document all types of evidence from the scene. Take pictures of the position of the cars, the damages both cars sustained, traffic controls, property damages, even injuries you sustained.
Gather Testimonies From Witnesses
If there are people nearby, or if someone stopped to help, be sure to get a statement from them right away. This is important because it makes sure that you get their statement while the events of the accident are still fresh in their memory. You should also collect their full names and contact information should you need to contact them again later.
Obtain The Police Report
After you report the car crash to the police, they will survey the scene, get both drivers’ statements, as well as any witnesses’. These, including the officer’s judgement of the accident (such as if one was responsible for it), will all go into the police report. To get a copy of the police report, you or your lawyer may go to the police station in jurisdiction where the accident occurred. This is an official document that will help you establish the facts.
Cite Local Traffic Law Violations
If you were paying attention to the road and was following traffic law violations, it may be a good idea to look if the other driver violated any laws. Such violations are strong proof that the other driver likely caused the accident since not following traffic laws endanger everyone on the road. You may be able to look into traffic law violations in the police report and get support from witness testimonies.
Don’t Admit Fault
Immediately after the car crash, you will find yourself speaking with the police officer, the other driver, as well as witnesses. While doing so, be careful that you do not inadvertently admit fault. This can be used to pin the fault on you, making it more difficult to prove your innocence.
Hire A Car Crash Lawyer To Help You
While you can do this yourself, everything will be easier when you get help from someone who knows their way around Florida’s laws and have experience building a strong case. An experienced car crash lawyer can help you gather all the evidence you need as well as build the argument to prove your innocence.
Do you need assistance with your case? Contact All Injuries Lawfirm, P. A. today.