Did you know that almost 2.3 million people were injured on the roads in the United States in 2020? In addition to this, over 5.2 million non-fatal collisions happened in the United States on roads in the same year. These statistics were compiled by The United States Department of Transportation’s National Highway Traffic Safety Administration, better known as the NHTSA. While there are millions of collisions that happen every year in the United States, you may be wondering how fault is determined in the state of Florida.
To better understand this, it is important to know that according to the NHTSA, there were approximately 5.25 million reported crashes to law enforcement in 2020 alone in the U.S. If you are involved in a vehicle collision, there are several ways that a car accident attorney in Miami may be able to help. If you have any questions do not hesitate to contact Buchalter Hoffman and Dorchak.
What is a Fault?
Legally, there are different terms for the word fault and connected to different instances. For this situation, the term fault legally means a default, a wrongful act, or breach, and can include (error) omission. It is important to know that Florida is authoritatively a no-fault vehicle insurance state, and if you are involved in a collision, experienced car accident attorneys Miami is there to answer your questions.
There are some no-fault vehicle insurance rules that you should be aware of, and if you are in the state of Florida, it is imperative to know that this state employs (PIP) personal injury protection. Florida uses PIP as a protective safeguard for people who have experienced a vehicle collision and have injuries. A car accident lawyer Miami will be able to help you with this dilemma by aiding you with a fair case to get the compensation you justly deserve.
How is Fault Determined in Florida?
Do you know how fault is determined in the state of Florida? In the state of Florida, the fault is generally determined by a judge. The judge who is handling the case utilizes the information that has been gathered from all parties in a vehicle collision. Important information is also gathered from any legal representation, law enforcement who responded to the scene of vehicle collisions, and claim adjusters employed by insurance companies that are associated with the collision.
Determination of Fault
In the state of Florida, several facets are used to determine fault in vehicle accident cases. Also, to better understand the determination of fault in Florida, it is important to take into consideration the following aspects:
- Harm and Damages – Harm and damage are the results of an accident (or vehicle collision) that caused expenses and losses.
- Casualties – This is typically termed causation, and this includes any breach of duty that causes the vehicle collision to happen.
- Breach of Duties – When a breach of duty happens, the driver that was responsible for the wheel of the vehicle has violated their duty of care. breach of duty by a driver can happen either through intent or negligence.
- Duty of Care – This term means that the driver is responsible legally for the duty of care for any of the injured (or harmed party’s) life, security, and protection.
Many legal terms are involved when a case has been filed because vehicle collisions have happened. Miami car accident lawyers can help you sift through these types of events.
How An Attorney Can Help?
Buchalter Hoffman and Dorchak are Miami car accident attorneys that help you to better understand your case, and make sense of what happened in legal terms. Different aspects are used to establish fault in the state of Florida in the United States. Some aspects are more common than others, and it includes important evidence related to the accident such as the following:
- Statements from any eyewitnesses
- Photos of the vehicle collision
- Written Reports of damage
- A video that can be used as evidence of the location of the collision
- Reports from law enforcement
- Reports from expert witnesses
If you have been involved in a car or truck collision, it is imperative to discuss your case with a Miami car accident attorney immediately. Please do not hesitate to contact Buchalter, Hoffman, and Dorchak about any related inquiries.