Auto Accident Lawyer Serving Victims of Negligence in Tampa,
Clearwater, St Petersburg, Orlando, Pasco & Central Florida
Whether it happens in Tampa or Clearwater,
St Petersburg or Orlando, Pasco or Sarasota County, a car
accident leaves those involved with a dizzying array of questions.
Who is hurt? Is an ambulance coming? Are the police on their
way? What insurance companies do we call? And, after a bit
of the dust settles will come one of the most pressing yet
elusive matters—who caused the accident?
The question about who caused the accident
sometimes speaks to a legal issue called negligence, and this
is an issue that is typically best left in the hands of your
auto accident lawyer. Negligence in a car accident is the
belief that the accident was caused by a person’s failure
to use reasonable care. A driver can fail to use reasonable
care by either (1) doing something that a reasonable person
would not do, such as driving down a highway at 120 miles
per hour, or (2) not doing something that a reasonable person
would do, such as not stopping at a red light.
If your auto accident lawyer believes the
other driver was negligent in your car accident, a few things
are possible in your case:
- (1) Reasonably speaking, the negligent
driver is also typically the at-fault driver. The at-fault
driver (and/or the at-fault driver’s insurance) will be
one of the first places an auto
accident attorney will go to fight for payment of your
damages in the accident such as medical bills, lost wages,
property damage, lost ability to work, and the like.
- (2) The negligent driver may also be
found grossly negligent in the car accident. Gross negligence
is behavior so reckless that it shows a substantial disregard
for those who might be injured by the negligent behavior.
In cases of gross negligence, the at-fault driver could
be required to pay injured victims punitive damages.
- (3) In Florida, the negligent driver
may not always be declared 100 percent at fault in the accident
because Florida is a pure comparative fault state. This
means an injured victim also may be found partially at fault
in the accident, and the financial compensation this victim
receives would be reduced by the amount he or she is found
at fault. So, if your damages total $50,000 and you are
found 10 percent at fault in the accident, the amount owed
to you by the negligent driver would be reduced by 10 percent,
or $5,000, leaving you with a settlement of $45,000.
One of the main jobs of your car
accident lawyer would be working to prove that you are
not at-fault in the accident, thus maximizing your financial
settlement and obtaining the financial recovery you deserve
to pay for your injuries. On the other side of the coin, remember
that the negligent party and their insurance companies have
a financial incentive to prove you are at your fault in some
way. By increasing your percentage of fault, the truly at-fault
party and their insurance company will pay less. To prevent
this from happening, your auto accident lawyer will have to
thoroughly investigate the circumstances of the accident,
speak to witnesses, study police reports, etc. to prove that
you were not negligent and deserve the utmost compensation
for your injuries.
If you need to speak to an experienced auto
accident lawyer who serves greater central Florida, from Tampa
to Orlando, Lakeland to Clearwater, St Petersburg to Sarasota
to Pasco and beyond, please contact Kennedy Law Group for
a free consultation about your case.
|
