If you have suffered an injury in a car accident in the Palm Harbor area, you may be wondering what steps you can take to recover your losses and what your legal rights may be. Most drivers understand that if another motorist is at fault for a collision, the at-fault driver could be liable to pay, but you may not understand how state laws can affect the outcome of a car accident case.
A Palm Harbor car accident lawyer could answer your questions and address your concerns. Once hired, your skilled personal injury attorney could help you understand the law, investigate the circumstances that led to the accident, and fight for your right to pursue compensation for your injuries.
The Duties of All Drivers
Every driver assumes a duty to act safely around other people they encounter while behind the wheel. This entails an obligation to prevent the risk of unnecessary harm. While driving is an inherently dangerous activity, actions like speeding, texting while driving, or improper lane changes increase the danger to all involved parties.
When a driver fails in this duty to provide protection and another party suffers an injury, the defendant may have been negligent. Negligence forms the basis of most civil cases in which a plaintiff can pursue compensation. A Palm Harbor car accident attorney could provide more information about the duties of drivers and how they may be able to file suit.
Proving that Another Party Is at Fault
The core aspect of almost any car accident case is proving that another driver’s negligence was the cause of the injuries. Ideally, a police report will demonstrate the defendant is at fault. Evidence of a conviction in traffic court for speeding, tailgating, texting while driving, or any other moving violation can allow a civil court to assume that a defendant may have been at fault for a related accident.
In other claims, a plaintiff may need to argue that a defendant’s carelessness was the source of the collision. Courts in Palm Harbor follow the comparative negligence system established by Florida Statutes §768.81, under which courts may reduce a plaintiff’s award in a car accident case by the percentage of blame assigned to the plaintiff.
In cases where a plaintiff cannot point to a traffic court conviction to prove negligence, that plaintiff must be prepared to defend their own driving against allegations of comparative negligence. A car wreck lawyer in Palm Harbor could work to demonstrate defendant negligence either through a traffic court conviction or by conducting a thorough investigation into the accident.
Let a Palm Harbor Car Accident Lawyer Help
Car accident cases can be surprisingly complex. As such, it is often important to quickly gather evidence so you can accurately measure your losses and form a persuasive demand package that outlines your case for compensation.
A Palm Harbor car accident lawyer could help with each of these steps, working with you every step of the way to understand your legal rights, investigate your crash, and fight for proper compensation for medical bills, lost wages, and emotional anguish. Call today to learn more.
