If you've been in an Orlando car accident, you might face accusations from the responsible driver or their insurance company, claiming you're at fault. It's crucial to dispute these false accusations and protect your rights to seek compensation for damages caused by the other driver. Disputing fault after a car accident in Orlando can be a frustrating process.
To dispute car accident fault after a crash in Orlando, gather evidence demonstrating the other party's responsibility for the accident. Present this evidence to the responsible party's insurance company. Additionally, you have the option to file a lawsuit against the insurance company, allowing a judge or jury to determine fault in your accident.
Working with an Orlando car accident lawyer can greatly assist you in disputing car accident fault. They can handle all aspects of evidence gathering, settlement negotiations, and legal proceedings on your behalf, ensuring your case is presented effectively.
So, if you're asking yourself: How do I dispute car accident fault? This article is for you. We will discuss the collecting evidence, presenting it to the insurance company, and potentially seeking legal assistance to strengthen your case. Remember, you have the right to defend yourself and hold the responsible party accountable.
Modified Comparative Negligence in Florida Car Accident Cases
In the state of Florida, a concept known as "Modified Comparative Negligence" plays a crucial role in car accident cases. This legal principle might sound complex, but it's critical to understand how it could affect your potential compensation after an accident. Florida law holds that you can still recover damages in a car accident, even if you were partially at fault.
However, your compensation may be reduced by your percentage of fault. For example, if you were found to be 20% at fault in an accident, your potential compensation would be reduced by that same 20%. This makes it even more critical to dispute any false claims of fault thrown your way.
Do not allow your rights to be trampled upon or your potential compensation to be unfairly reduced. Reach out to an Orlando car accident attorney to help you navigate this complex legal terrain and to fight for the compensation you rightly deserve. Remember, understanding your rights is the first step towards claiming them, and that's what this article is all about.
Your Options for Disputing Fault After an Orlando Car Accident
To contest responsibility for a car accident in Orlando, Florida, consider following these steps:
Producing Evidence of the Other Party's Liability
The insurance company representing the responsible party may attempt to assign blame to you until substantial evidence of their client's liability is presented. In a car accident scenario, such evidence may encompass:
- Dashcam footage;
- Black box data;
- Security camera (think nearby businesses);
- Traffic camera footage;
- Statements from eyewitnesses;
- Testimony and reports from accident reconstruction experts;
- Photos of the scene of the accident;
- Videos of the scene of the accident;
- The police report.
Filing a Personal Injury Lawsuit
When initiating a personal injury lawsuit against an insurance company, the authority to determine fault for the accident rests with the judge or jury overseeing the case. If it is determined by the judge or jury that the other party is at fault, you may be awarded compensation.
Please note that as of March 2023, there is a general two-year statute of limitations on personal injury lawsuits in Florida. Prior to the change in the law, the statute of limitations for personal injury claims in Florida was four years.
Damages You May Be Able to Recover After an Orlando Car Accident
If you can establish liability on the part of another driver in your accident, you may be eligible to seek compensation for your damages. The potential recoverable damages may vary depending on the nature and severity of your injuries, and may encompass:
- Medical expenses for both current and future accident-related treatments;
- Loss of income;
- Diminished earning capacity;
- Property damage;
- Emotional distress.
Additionally, a lawyer can be instrumental in accurately assessing the value of your damages.
Contact an Orlando Car Accident Lawyer at Our Office for a Free Legal Consultation
If you have questions about your legal rights after getting into a car accident in Orlando, please don't hesitate to call us. We will make sure you get to speak with a lawyer at our office, and we offer free consultations to Orlando accident victims.
You can call us at 321-LAWSUIT anytime to schedule a consultation with an attorney at our office. If we can help you with your case, there are no upfront costs or retainer fees. It's free unless we win money for you.
Frequently Asked Questions About Disputing Fault After a Car Accident
How is fault determined in a Florida car accident?
Insurers and courts look at evidence such as the police report, photos and video, vehicle damage patterns, witness statements, traffic laws, and sometimes expert reconstruction. Florida uses modified comparative negligence, so each party’s percentage of fault matters for how much they can recover. If you’re more than 50% at fault in a negligence case, you cannot recover damages in Florida.
What happens if I’m blamed for a car accident that wasn’t my fault?
You can challenge the finding by promptly notifying all insurers in writing, supplying additional evidence, and correcting errors in the police report or citations. If the insurer won’t reconsider, your attorney can present counter-evidence, and, if necessary, file a lawsuit and gather helpful evidence in the discovery process.
How can I dispute fault after a car accident in Florida?
Some ways to dispute fault after a car accident are to collect and organize evidence (photos, video, witnesses, vehicle data, scene measurements), contest any mistaken traffic citation at traffic court, and submit evidence to each involved insurer to argue liability issues.
What evidence can be used to prove liability in a car accident case?
Useful proof includes dash-cam or surveillance video, photos of the accident scene and vehicle damage, Event Data Recorder (black box) downloads, the long-form crash report, and sworn witness statements. Traffic-code violations, like failing to yield on a left turn, are powerful when tied to physical evidence. Expert reconstruction can fill gaps and rebut adverse assumptions.
How do I challenge fault in a car accident police report?
The big point here is that Florida’s “crash report privilege” generally keeps crash reports and participant statements out of evidence at trial. Accordingly, you can still prove your case with independent evidence even if the report isn’t changed. If a ticket was issued, you can contest it; a defense or dismissal may help your civil claim.
How can an attorney help me dispute fault after a crash?
Your lawyer can secure and preserve evidence, hire reconstruction and human-factors experts, take witness statements, and cite the right statutes and case law in a detailed liability demand. They also handle insurer communications, prevent harmful recorded statements, and file suit to compel a neutral apportionment of fault when needed. This structured approach can force a fair reassessment.
Can I still recover compensation if I was partially at fault?
Yes—Florida’s modified comparative negligence reduces your recovery by your percentage of fault, but you can recover as long as you are 50% or less at fault in a negligence action. If you are found more than 50% at fault, a fault-based recovery is barred. PIP benefits are separate and may apply regardless of fault.
How does comparative negligence work in Florida?
Each party is assigned a percentage of fault, and damages are adjusted accordingly (e.g., 20% fault means a 20% reduction in your award). Since 2023 reforms (HB 837), a claimant over 50% at fault cannot recover in negligence actions to which the statute applies. Accurate evidence of how the crash happened is crucial to keep your fault at or below that threshold.
What are “no-doubt” accidents and how do they affect fault?
Some crash types create strong starting assumptions—like rear-end collisions (rear driver presumed negligent) or left-turn collisions (turning driver must yield). In Florida, these are rebuttable, meaning evidence of the front or straight-moving driver’s negligence can overcome the presumption and send fault to the jury. Presenting contrary proof (sudden stop, improper lane use, signal timing, speed) can neutralize the “no-doubt” label.
What should I do if the insurance company incorrectly blames me for the accident?
Respond in writing with your dispute, attach your evidence, and cite the specific traffic rules or facts that contradict their decision; ask for a re-investigation and written findings. Avoid recorded statements without counsel, and have an attorney issue a formal demand or file suit if the carrier digs in. Litigation lets a jury apportion fault based on all admissible evidence—not just the insurer’s initial read.