Car accidents happen in Delray Beach often and result in serious injuries. Anyone injured in these types of incidents should contact Delray Beach car accident lawyers as soon as possible. The National Highway Traffic Safety Administration reports that many accidents happen because drivers are distracted either by taking their eyes off the road or when using electronic devices. Other causes are aggressive driving, impairment, and running red lights and stop signs.
A skilled personal injury lawyer can help someone file a claim in order to pursue necessary compensation for their suffering to help with them with their recovery.
What are the Steps to Take at the Accident Scene?
Do not leave the accident scene. It is a felony and shows a conscience of guilt. Wait for police to finish and request an incident report, which will be used as evidence to help prove the case.
Exchange information with the other parties, keep a civil tongue and do not admit to any wrongdoing or lack of injury. Anything said can be used in court. With the convenience of cell phone cameras, take several photographs of the accident scene from different angles before any of the vehicles are moved. Try to get the names and contact information of any witnesses.
What to Do After the Accident
Delray Beach car accident lawyers advise that the person promptly sees a doctor even if there is no apparent injury. Many injuries can take days, weeks, and sometimes even longer to appear.
Do not discuss the accident with the other party’s insurance company or accept an early offer of money. Insurance companies can act in their own interests.
How Does Comparative Fault Apply to Car Crash Claims?
Car accidents fall under Florida’s modified comparative negligence standard. This law holds that if a plaintiff is found to be 50% or more at fault for their accident, they cannot recover. The percentage of fault is determined, using the facts of the accident, by a judge or jury.
The legal definition of negligence is such that a prudent person fails to take proper care toward others, or performs in a way that a prudent person would not, resulting in injury or property damage to another person and/or their property.
Comparative negligence has four elements, or parts, that the party bringing the lawsuit must prove by a preponderance of the evidence.
- Duty of care: A reasonable person has a legal obligation not to cause harm or property damage to someone else
- Breach: This is an action that violates duty of care. A breach can also be failing to act in a certain way in a situation
- Causation: The accident that the breach caused was foreseeable and “but for” the breach the accident would not have happened
- Damages: A financial loss did occur
How a Delray Beach Car Accident Attorney Can Help
A Delray Beach car accident lawyer will conduct an independent investigation of the accident and use photographs and computer graphics to reconstruct the accident. Sometimes it may be necessary to have a professional accident investigator do that work.
The attorney will document all property damages and injury and treatment expenses to try to reach the amount of damages that might be claimed for medical and therapy treatments and equipment, emotional distress, loss of income and other damages that apply.