Tampa is bursting with top-notch tourist attractions. Jumping behind the wheel of your convertible, you can visit the Florida Aquarium, the Tampa Riverwalk, and Busch Gardens. Just a few minutes from downtown, you can explore the Hillsborough River State Park.
All this fun can come to a halt once someone T-bones you. All of a sudden, your plans are moot; the rest of your day is filled with filing an accident report with the police and contacting your insurance company.
If you have been involved in a car accident, you need a law firm with experience protecting victims’ rights. Contact the Law Offices of Tragos, Sartes & Tragos today to discuss your car accident case.
“No-Fault” Insurance
Regarding car accident claims, Florida is considered a “no-fault” insurance state. This means that both drivers can file claims through their car insurance, regardless of who caused the accident.
All drivers in Florida are required to carry Personal Injury Protection (PIP) insurance. However, this type of insurance will only cover medical expenses up to a certain amount. If you have suffered severe injuries, filing a claim through insurance may not be enough to fully compensate you. You will likely need assistance from a qualified car accident attorney.
Your accident lawyer can help navigate the complexities of your case and advocate for your rights to ensure you receive fair compensation. They will work to collect evidence, settle with insurance companies, and pursue legal action as necessary to secure additional damages beyond what PIP covers.
For serious injuries, your attorney can evaluate the full extent of your losses, like medical bills, lost wages, and other damages. They will build a strong case on your behalf, utilizing expert testimony, accident reconstruction specialists, and medical professionals to support your claim.
Proving Negligence
With such a high number of tourist attractions, Florida is at the top of the list for auto accidents each year. According to the Florida Department of Highway Safety and Motor Vehicles, 569,182 Florida drivers were involved in collisions in 2020.
The first step in getting compensated for your injuries is establishing which driver was negligent, and due to their negligence, caused the accident. Negligence is legally defined as “failing to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.”
In law, a person who has committed a civil wrong, other than a breach of contract, has committed a tort. The wrongdoer is referred to as the tortfeasor.
For a person to be found negligent, the following components (known in law as “elements”) would need to be satisfied:
- Duty: the party had a duty to exercise reasonable care;
- Breach: the party violated that duty through an act or omission;
- Causation: the injury to the victim was a foreseeable consequence of the party’s actions;
- Damages: as a result of the party’s actions, the victim has suffered injuries.
Even if you are partly to blame for the accident, don’t think that you are barred from receiving compensation for your losses. Florida law states that as long as you can show that the other party was partly at fault, you are entitled to compensation.
Evidence Used to Prove Liability
Evidence is key when determining liability in a car accident case. The most common types of evidence that will be used are:
- Police Report: The police should always be called after a car accident, especially if injuries were sustained. A police report will provide details of the accident and even provide the officer’s opinion of who was at fault.
- Photos of vehicle damage: An adjuster with your insurance company will take photographs of your car damage to assess the damage as part of the claims process
- Witness testimony: a spectator who saw the event unfold can offer an unbiased description of the accident and help to persuade a judge or jury to rule in your favor
Preserving evidence, particularly witness testimony, is crucial in proving liability in a car accident case. Ensure law enforcement is called to the scene, cooperate with the responding officer, and obtain a copy of the police report promptly, whether in paper or digital format. Take clear, detailed photographs of vehicle damage from multiple angles, including wide shots of the scene and close-ups of specific damage, before any vehicles are moved. Enable the date and time stamp feature on your camera or phone.
Obtain contact details from witnesses, encourage them to stay until the police arrive, and ask if they’re willing to provide a written statement or testify if needed. Document their statements immediately, including what they saw and heard, or attempt to find them later through social media or local community forums. Acting promptly and gathering as much evidence as possible while details are fresh can significantly strengthen your case.
A Dedicated Tampa Car Accident Attorney on Your Side
The legal team at Tragos, Sartes & Tragos has helped thousands of clients who have been the victims of negligent driving. Don’t allow the other driver to walk away without any consequences. Contact us and discover why we are a sought-out Tampa injury firm.
