
It is expected for you to be frazzled in the immediate moments following your car accident event. While you may just want to flee to your home and calm your nerves in peace and quiet, you should remain still for the time being. This is especially true if you want any chance to pursue a personal injury claim to recover your damages soon. After all, a lot of the evidence you need for your claim lies within the accident scene. With that being said, please continue reading to learn the steps toward establishing fault for your car accident and how a Tampa car accident lawyer at Merricks Law Group, P.A. can walk you through each one.
Is it okay if I’m partially at fault for my car accident event?
You may be hesitant to bring forward a personal injury claim against the other driver involved in your car accident if you know, in your heart of hearts, that you are partially to blame. For example, the other driver may have been driving in front of you in the moments leading up to your collision (i.e., rear-end collision). Here, they may have abruptly slammed their brakes without adequate warning or a seemingly necessary reason. But at the same time, you may have been tailgating them or driving above the enforced speed limit and were thereby unable to brake on time.
Well, thanks to the state of Florida’s modified comparative negligence statute, you may still have an opportunity to file a claim in this case. This statute holds that you, as the plaintiff, must not have been more than 50 percent at fault for your accident event and subsequent injuries if you wish to recover damages. Therefore, you may still win your case even if the Florida civil court finds you 45 percent responsible. However, the amount of damages you may recover may be adjusted according to your percentage of responsibility. With this, you may only receive recovery for 55 percent of your claimed damages.
What steps do I take to establish fault while still at the car accident scene?
Essentially, you must take affirmative action while still at the car accident scene if you want a viable chance of establishing fault in your upcoming personal injury claim proceedings. Without further ado, you may collect pivotal evidence through the following steps:
- Call local law enforcement to respond to your car accident scene (i.e., to collect an official accident report).
- Speak with eyewitnesses who saw the accident event go down in real-time (i.e., to collect witness testimonies).
- Grab your phone and start recording the scene (i.e., to collect visuals of your injuries and property damages).
- Ask an officer to dispatch an ambulance to the scene (i.e., to collect initial medical records and bills).
Then, after leaving the scene, you should seek follow-up treatment from your primary physician. This is so you may collect evidence of your estimated, future medical expenses. Also afterward, you should take your standard motor vehicle to an auto repair shop. This is so you may obtain a quote for the estimated repair or replacement costs.
We hope that this blog offers the insight you were searching for. For more information, we encourage you to contact an experienced Tampa auto accident lawyer from Merricks Law Group, P.A. today.