Gainesville Car Accident Liability
If you were injured in a car accident in Gainesville, FL, one of the first things you might wonder is who is responsible for the damages you suffer. Who will pay to fix your car, medical bills, and lost wages?
If you were injured in an accident in the area, Allen Law Accident & Injury Lawyers can help to establish liability and other elements of your claim. An experienced Gainesville car accident lawyer can meet with you to discuss your claim and advise you of the next steps to take when you call us at (877) 255-3652 for a free case review.
How Our Gainesville, Florida, Car Accident Lawyers Can Help You Establish Liability
More than 15 years ago, Allen Law Accident & Injury Lawyers was established in Gainesville, Florida, with a singular focus: to help accident victims recover the compensation they need. We bring together more than a century of combined experience to help build your claim.
When you hire us for your claim, we can help by:
- Investigating how the accident occurred and who is responsible for it
- Speaking to witnesses to preserve their accounts while their memories are fresh
- Handling communication on your behalf
- Reviewing all applicable insurance
- Answering any questions you have about the claim process
- Negotiating with the insurance company
Our Gainesville car accident attorneys can handle all aspects of your claim so you can focus on your recovery. Find out more about how we can help when you contact us today for a free consultation.
What To Do After a Car Accident in Gainesville, Florida
If you are involved in a car accident, it is easy to feel overwhelmed and confused about your next steps. However, the actions you take in the aftermath of an accident can impact your legal rights, so it is important to take the following steps to protect them:
- Call 911 to report the accident. Request an ambulance if anyone seems injured.
- Give a brief description to the officer about how the accident occurred. Avoid giving opinions. Stick to the facts.
- Seek medical attention as soon as possible. Not all injuries are immediately noticeable because you may be experiencing an increase in adrenaline. However, closely monitor yourself for symptoms in the days following the accident.
- Get the other driver’s information. Ask for their contact and insurance information in case you need to make a claim later.
- Document the scene. Take photos of the damage to all vehicles involved in the crash. Ask any witnesses for their information.
It is also advised to reach out to a skilled Gainesville car accident lawyer as soon as possible, as an attorney can immediately begin working to protect your rights and interests.
What Is Negligence?
Negligence is failing to act as a person of ordinary prudence would act under similar circumstances, which results in harm to someone else. Negligence can involve taking a certain action or failing to take action.
Negligence consists of the following legal elements:
- Duty – A person has a legal duty to act a certain way.
- Breach of Duty – The person breached their duty to act in that way.
- Causation – There is a connection between the person’s breach of duty and the victim’s injuries.
- Damages – The victim suffered damages, such as physical injury, lost wages, and pain and suffering.
Here is how this concept would break down in a car accident case:
- The driver had a duty to follow traffic laws and drive safely
- The driver breached their duty to drive safely by speeding, driving distracted, running a stop light, etc.
- Because the driver sped, they caused the crash
- You suffered a broken leg, have medical bills, and lost time from work because of the accident.
An experienced car accident lawyer in Gainesville can help you establish negligence for your case.
What Evidence Can I Bring To Prove Negligence?
Proving negligence often comes down to showing how the accident occurred and why the other driver was to blame for it. Your lawyer can work on gathering evidence to show these elements of your claim, such as:
- Photos and vehicle damage that imply the other driver caused the crash
- Cell phone records that show a text message was sent or data was used just before the accident
- Medical records to show the other driver was impaired by drugs or alcohol or knew they had a medical condition that made it unsafe to drive
- Witness statements that the other driver was speeding or otherwise driving unsafely
In some cases, a lawyer may hire an accident reconstruction expert who can use scientific processes to show how the accident likely occurred.
What If I Contributed to the Car Accident?
Florida’s modified comparative negligence rule can apply if you contributed to the accident and intend to file a claim against the at-fault driver. If you need to file a claim against your Personal Injury Protection (PIP) policy, you may do so regardless of fault.
Under the modified comparative negligence rule, you can still sue an at-fault party as long as your negligence did not exceed theirs. However, your damages are reduced by your degree of fault. So, if you were 30% at fault for the accident, your damages award would be reduced by 30%.
Potential Compensation in a Gainesville Car Accident
If you were injured in a car accident in Gainesville and suffered a serious injury that allows you to step outside the no-fault system, you can pursue compensation for:
- Medical expenses for physical therapy, hospitalization, surgery, chiropractic care, and other necessary medical treatment
- Lost wages and reduced earning capacity
- Costs to repair or replace your damaged vehicle
- Out-of-pocket expenses
- Pain and suffering
- Mental distress
A knowledgeable lawyer can give you a better idea about what to expect in terms of a damage award.
Contact a Gainesville Car Accident Lawyer for Immediate Assistance With Your Claim
If you were injured in a car crash, Allen Law Accident & Injury Lawyers are here to help. We can review the circumstances surrounding your case to determine your Gainesville car accident liability. We can then pursue the compensation you deserve. Learn more about your legal rights and options when you contact us for a free case review.
